,  MO* 


RAILROAD  LAAYS 


—  OF  — 


NEW  MEXICO. 


/ 


LAWS 


OF 


NEW  MEXICO. 


COMPILED     BY 


MESSRS.  CATRON  &  THORNTON, 


ATTORNEYS   AT   LAW. 


SANTA    FE,     N.    M. 


SANTA  FE : 

NEW  MEXICAN  BOOK  &  JOB  PRINTING  PKPAKTMKNT. 
1881. 


INDEX 


A. 

I'AGE. 

Appraisers,  how  to  be  appointed,  -     15 

Appeal  from  report  of  Commissioners,  16 

Act  of  1867,  amended,  -     21 

Assessments,  how  made,                                                                  •  33 

B. 

By-laws,  by  whom  drawn,         -  -       2 

Bodies  corporate  for  mining,  etc.,  7 

Bonds,  county,  in  aid  of  railroad,  amount,  -     18 

Bonds,  how  executed,  19 

C. 

Corporation,  mining — how  formed,                                                   :  •                       -      i 

Company,  certificate  of,  before  whom  acknowledged  and  where  filed.          -  i 

Corporate  name  of  company,  object,  -       i 

Copy  of  certificate,  to  be  received  in  Courts,  2 

Corporate  body  politic— powers  of,  -       2 

Capital  Stock,  may  be  increased,  etc.,  and  how-,  -           5-6 

Corporation  may  dissolve,  -       6 

Company,  to  organize,  7 

Consolidation,  copy  of  agreement  to  be  filed,  -     9-10 

Creditors,  rights  of,  IT 

Corporation  may  change  its  name,  .           .     I2 

Commissioners  to  appraise  real  estate,  duties  of,  15 

Commissioners  to  report     Court  to  make  an  order,  -     16 

Court  to  app  ,int  Commissioners  in  case  of  vacancy,  17 

Counties  may  aid  railroads,  amount  of,  -     X8 

Corporate  stock  of  railroads.                                                                                   .  .                               -             31 

Corporations,  foreign,  a  Imitted,  -     57 

Condemnation  of  laws,  proceedings,                                                   -  .              -              -            61 

D. 

Directors,  qualifications  of,  how  elected,           -  2 

Directors,  vacancy,  how  filled,            -  2 

Directors,  meetings  of,  3 

Directors,  to  make  dividends,  4 

Dividends,  how  made,         -                                                             .  .                             -       4 

Debts,  amount  of,  .              .              4 

Directors,  to  keep  books  open  to  inspection,                                                         -  5 

Dissolution  of  company,  .              .                             6 

Defective  title,  proceeding,  .     I? 

E. 

Executors,  etc.,  to  vote,                                                                                         ...  ^ 
Executors,  etc.,  not  to  be  liable,          -                                                              .....       ^ 

F. 

Foreign  corporations  admitted,                                              -                ....  4           ^j 


M. 

Members  of  corporations,  liabilities  of,  -       1 

Meeting  of  Directors,  called  by  notice,  -  .          3 

Minors,  how  served  with  notice,  -                             •                             -            -     14 

N. 

Non-residents,  how  to  be  served  with  notice,  •  13 

Notice  to  be  published,  •  "     X4 

O. 

Organization  of  corporation,  •                             7 

Orders  and  notices,  by  whom  made,          -  -     J5 

Order  of  Court  to  be  filed,  -          l6 

P. 

Petition  to  District  Court,  to  acquire  real  estate,  -     12-13 

Petition,  copy  of,  and  notice,  how  served,  time,          -  i£ 

Proof  of  service,  proceedings,  -     15 

Probate  Judge,  or  Commissioners  duties,  -         18-19 

R 

Railroad  companies,  powers  of, 

Railroad  companies  may  lease  or  purchase  lines,         -  9 

Railroads  shall  merge  and  consolidate  stock,          -  -      9 

Real  estate,  title  to,  how  acquired,  12,  13 

Real  estate,  to  be  appraised, 

Railroads  may  be  aided  by  counties,  J8 

Railroad  corporations,  21,  22,  24 

Railroad  corporations,  by-laws,           -  -      24>  25 

Railroad  Directors,  election  and  meetings,  25,  26,  27,  28,  29,  30,  31 

Railroad  corporate  stock, 

Railroad  assessments,            .  33 

Railroad  corporate  powers,         -  3° 

Railroad  eminent  domain,                             -            -  43 

Railroad  regulations  and  management,  -         -     45 

Railroad  grants,  donations,  exemptions,  dissolutions, 

Railroad  limitation  from  taxation,  -          -     55 

Railroad  powers,  privileges  and  exemptions, 

S. 

Stock,  transferable, 

Stock,  default  in  payment  of,  penalty, 

Sale  of  capital  stock,  how  made, 

Section  16  of  mining,  etc.,  act  amended, 

Stock  not  to  be  merged  in  and  consolidate,  -  9 

Stock,  corporate,  railroad, 

T, 

Telegraph  lines,  etc.,  rights,  etc., 
Title  to  real  estate,  how  acquired, 
Title  to  land  defective,  proceedings, 
Taxes  for  railroad  purposes,  how  assessed  and  collected, 

V. 

Vacancy  in  Board  of  Directors,  how  filled, 

Vacancy  in  Commissioners  appointed  to  appraise  real  estate,  how  filled, 


RAILROAD  LAWS  OF  NEW  MEXICO. 


CHAPTER  III. 

AN  ACT  to  create  a  general  incorporation  law,  permitting  persons  to 
associate  themselves  together  as  bodies  corporate  for  mining,  manu- 
facturing and  other  industrial  pursuits. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  freiv 
Mexico : 

SECTION  I.  Corporations  for  mining,  manufacturing  and  other 
industrial  pursuits,  may  be  formed  according  to  the  provisions  of  this 
act,  such  corporations  and  members  thereof  being  subject  to  all  the 
conditions  and  liabilities  herein  imposed,  and  to  none  others. 

SEC.  2.  Any  three  or  more  persons,  who  may  desire  to  form  a  com- 
pany for  any  one  or  more  of  the  purposes  specified  in  the  preceding 
section,  may  make,  sign,  and  acknowledge  before  the  Secretary  of  the 
Territory,  or  some  officer  competent  to  take  the  acknowledgment  of 
deeds,  and  file  in  the  office  of  the  Secretary  of  the  Territory  a  certifi- 
cate in  writing  (for  the  filing  of  which  said  certificate  the  Secretary 
shall  receive  a  fee  of  ten  dollars)  in  which  shall  be  set  forth  the  full 
names  of  such  persons,  the  corporate  name  of  the  company,  the  objects 
for  which  the  company  shall  be  formed,  the  amount  of  its  capital  stock, 
the  time  of  its  existence,  not  to  exceed  fifty  years,  the  number  of  shares 
of  which  the  stock  shall  consist,  the  number  of  directors  and  their 
names,  who  shall  manage  the  concerns  of  the  company  for  the  first 
three  months,  and  the  name  of  the  city^or  town  and  county  in  which 
the  principal  place  of  business  of  the  company  is  located.  A  copy 
of  said  certificate,  duly  certified  by  the  Secretary  of  the  Territory, 
shall  be  filed  in  the  office  of  the  Probate  Clerk  of  the  county  where 
the  principal  place  of  business  of  the  corporation  is  Iccated.  The 


2  RAILROAD    LAWS    OF    NEW    MEXICO. 

Secretary  of  the  Territory  upon  the  payment  of  the  fees  authorized 
by  law  shall  furnish  any  person  interested  as  many  certified  copies  as 
may  be  required 

SEC.  3.  A  copy  of  any  certificate  of  incorporation  filed  in  pursu- 
ance of  this  act,  and  certified  by  the  Secretary  of  the  Territory  shall 
be  received  in  all  the  courts  and  places  as  presumptive  evidence  of  the 
facts  therein. 

SEC.  4.  When  the  certificate  shall  have  been  filed,  the  persons  who 
shall  have  signed  and  acknowledged  the  same,  their  associates  and 
successors,  shall  be  a  body  politic  and  corporate  in  fact  and  in  name, 
by  the  name  stated  in  the  certificate  and  by  their  corporate  name  have 
succession  for  the  period  limited;  and  power:  ist.  To  sue  and  be 
sued  in  any  court ;  3d.  To  make  and  use  a  common  seal,  and  alter  the 
same  at  pleasure;  3d.  To  purchase,  hold,  sell,  mortgage  and  convey 
real  and  personal  estate  as  the  purposes  of  the  corporation  shall  re- 
quire ;  4th.  To  appoint  such  officers,  agents  and  servants,  as  the  busi- 
ness of  the  corporation  shall  require,  to  define  their  power,  prescribe 
their  duties  and  fix  their  compensation  ;  5th.  To  require  of  them  such 
security  as  may  be  thought  proper  for  the  fulfilment  of  their  duties,  and 
to  remove  them  at  will,  except  that  no  director  shall  be  removed  from 
office  unless  by  a  vote  of  two-thirds  of  the  whole  number  of  directors ; 
6th.  To  make  by-laws  not  inconsistent  with  the  laws  of  this  Territory, 
for  the  organization  of  the  company,  the  management  of  its  property, 
the  regulation  of  its  affairs,  the  transfer  of  its  stock,  and  for  carrying 
on  all  kinds  of  business  within  the  objects  and  purposes  of  the  com- 
pany. 

SEC.  5.  The  corporate  powers  of  the  corporation  shall  be  exercised 
by  a  board  of  not  less  than  three  directors,  who  shall  be  stockholders 
in  the  company  and  a  majority  of  them  citizens  of  the  United  States 
and  residents  of  this  Territory,  and  who  shall,  after  the  expiration  of 
the  term  of  the  directors  first  selected,  be  annually  elected  by  the  stock- 
holders, at  such  time  and  place,  and  upon  such  notice,  and  in  such 
mode,  as  shall  be  directed  by  the  by-laws  of  the  company  :  but  all  elec- 
tions shall  be  by  ballot,  and  each  stockholder,  either  in  person  or  by 
proxy,  shall  be  entitled  to  as  many  votes  as  he  owns  shares  of  stock, 
and  the  persons  receiving  the  greatest  number  of  votes  shall  be  direct- 
ors. When  any  vacancy  shall  happen  among  the  directors  by  death, 
resignation  or  otherwise,  it  shall  be  filled,  for  the  remainder  of  the 
year,  in  such  manner  as  may  be  provided  by  the  by-laws  of  the  com- 
pany. 

SEC.  6.    If  it  should  happen,  at  any  time,  that  an  election  of  direct- 


RAILROAD    LAWS    OF   NEW    MEXICO.  3 

ors  shall  not  be  made  on  the  day  designated  by  the  by-laws  of  the  com- 
pany, the  corporation  shall  not  for  that  reason  be  dissolved,  but  it  shall 
be  lawful  on  any  other  day  to  hold  an  election  for  directors  in  such 
manner  as  shall  be  provided  for  by  the  by-laws  of  the  company ;  and 
all  acts  of  directors  shall  be  valid  and  binding  upon  the  company  until 
their  successors  shall  be  elected. 

SEC.  7.  A  majority  of  the  whole  number  of  directors  shall  form  a 
board  for  the  transaction  of  business,  and  every  decision  of  a  majority 
of  the  persons  duly  assembled  as  a  board,  shall  be  valid  as  a  corporate 
act. 

SEC.  8.  The  first  meeting  of  the  directors  shall  be  called  by  a  notice 
signed  by  one  or  more  of  the  persons  named  directors  in  the  certificate, 
setting  forth  the  time  and  place  of  the  meeting,  which  notice  shall  be 
either  delivered  personally  to  each  director,  or  published  at  least  ten 
days  in  some  newspaper  of  the  county  in  which  is  the  principal  place 
of  business  of  the  corporation,  or  if  no  newspaper  be  published  in  the 
county,  then  b}  posting  up  legible  notices  in  six  of  the  most  public 
places  in  said  county  for  the  period  before  named. 

SEC.  9.  The  stock  of  the  company  shall  be  deemed  personal  estate 
and  shall  be  transferable  in  such  manner  as  shall  be  prescribed  by  the 
by-laws  of  the  company  ;  but  no  transfer  shall  be  valid,  except  between 
the  parties  thereto,  until  the  same  shall  be  so  entered  on  the  books  of 
the  company,  as  to  show  the  names  of  the  parties  by  and  to  whom 
transferred,  the  number  and  designation  of  the  shares,  and  the  date  of 
the  transfer. 

SEC.  10.  The  directors  shall  have  power  to  call  in  and  demand  from 
the  stockholders  the  sums  by  them  subscribed,  at  such  times  and  in 
such  payments  or  instalments  as  they  may  deem  proper ;  notice  of 
each  assessment  shall  be  given  to  the  stockholders  personally,  or  shall 
be  published  once  a  week,  for  at  least  four  weeks,  in  some  newspaper 
published  at  the  place  designated  as  the  principal  place  of  business  of  the 
corporation,  or,  if  none  be  published  there,  then  by  posting  such  notice 
for  that  period  in  at  least  six  of  the  most  public  places  in  the  county  in 
which  said  principal  place  of  business  of  the  corporation  is  located.  If 
after  such  notice  has  been  given,  any  stockholder  shall  make  default  in 
the  payment  of  the  assessment  upon  the  shares  held  by  him,  so  many 
of  such  shares  may  be  sold  as  will  be  necessary  for  the  payment  of  the 
assessment  on  all  the  shares  held  by  him.  The  sale  of  said  shares  shall 
be  made  as  prescribed  in  the  by-laws  of  the  company ;  provided,  that 
no  sales  shall  be  made  except  at  public  auction  to  the  highest  bidder 
after  a  notice  of  thirty  days  published  as  above  directed  in  this  section  ; 


4  RAILROAD    LAWS    OF    NEW    MEXICO. 

and  that  at  such  sale  the  person  who  will  agree  to  pay  the  assessment 
so  due,  together  with  the  expenses  of  advertisement  and  other  expenses 
of  sale  for  the  smallest  number  of  whole  shares,  shall  be  deemed  the 
highest  bidder. 

SEC.  ir.  Whenever  any  stock  is  held  by  any  person  as  executor, 
administrator,  or  guardian  or  trustee,  he  shall  represent  such  stock  at 
all  meetings  of  the  company,  and  may  vote  accordingly  as  a  stock- 
holder. 

SEC.  12.  Any  stockholder  may  pledge  his  stock  by  a  delivery  of  the 
certificate  or  other  evidence  of  his  interest,  but  may  nevertheless  repre- 
sent the  same  at  all  meetings,  and  vote  accordingly  as  a  stockholder. 

SEC.  13.  It  shall  not  be  lawful  for  the  directors  to  make  any  divi- 
dend except  from  the  surplus  profits  arising  from  the  business  of  the 
corporation  ;  nor  to  divide,  withdraw,  or  in  any  way  pay  to  the  stock- 
holders, or  any  of  them,  any  part  of  the  capital  stock  of  the  company  ; 
nor  to  reduce  the  capital  stock  unless  in  the  manner  prescribed  in  this 
act ;  and  in  case  of  any  violations  of  the  provisions  of  this  section,  the 
directors  under  whose  adminisbation  the  same  may  have  happened, 
except  those  who  may  have  caused  their  dissent  therefrom  to  be  entered 
at  large  on  the  minutes  of  the  board  of  directors  at  the  time,  or  were 
not  present  when  the  same  did  happen,  shall  in  their  individual  and 
private  capacities  be  jointly  and  severally  liable  to  the  corporation,  and 
the  creditors  thereof  in  the  event  of  its  dissolution,  to  the  full  amount 
so  divided,  withdrawn,  paid  out  or  reduced  ;  provided  that  this  section 
shall  not  be  construed  to  prevent  a  division  and  distribution  of  the  capi- 
tal stock  of  the  company,  which  shall  remain  after  the  payment  of  all 
its  debts,  upon  the  dissolution  of  the  corporation  or  the  expiration  of 
its  charter. 

SEC.  14.  The  total  amount  of  debts  of  the  corporation  shall  not  at 
any  time  exceed  the  amount  of  the  capital  stock  ;  and  in  case  of  any 
excess,  the  directors  under  whose  administration  the  same  may  have 
happened,  except  those  who  may  have  caused  their  dissent  therefrom 
to  be  entered  at  large  on  the  minutes  of  the  board  of  directors  at  the 
time,  and  except  those  not  present  when  the  same  did  happen,  shall, 
in  their  individual  and  private  capacities,  be  liable  jointly  and  severally, 
to  the  said  corporation,  and  in  the  event  of  its  dissolution,  to  any  of  the 
creditors  thereof,  for  the  full  amount  of  such  excess. 

SEC.  15.  No  person  holding  stock  as  executor,  guardian  or  trustee, 
or  holding  it  as  collateral  security,  or  in  pledge,  shall  be  personally 
subject  to  any  liability  as  a  stockholder  of  the  company  ;  but  the  per- 
son pledging  the  stock  shall  be  considered  »s  holding  the  same,  and 


RAILROAD    LAWS    OF    NEW    MEXICO.  5 

shall  be  liable  as  a  stockholder  accordingly ;  and  the  estate  and  funds 
in  the  hands  of  the  executor,  administrator,  guardian  or  trustee,  shall 
be  liable  in  like  manner,  and  to  the  same  extent  as  the  testator  or 
intestate,  or  the  ward  or  person  interested  in  the  trust  fund  would 
have  been  if  he  had  been  living  and  competent  to  act  and  hold  the 
stock  in  his  own  name. 

SEC.  1 6.  It  shall  be  the  duty  of  the  directors  of  every  company 
incorporated  under  this  act,  for  the  purpose  of  ditching,  mining,  or 
conveying  water  for  mining  purposes,  to  cause  a  book  to  be  kept  con- 
taining the  names  of  all  persons,  alphabetically  arranged,  who  are  or 
shall  become  stockholders  of  the  corporation,  and  showing  the  number 
of  designation  of  shares  of  stock  held  by  them  respectively,  and  the 
time  when  they  respectively  became  the  owners  of  such  shares ;  also  a 
book  or  books  in  which  shall  be  entered  at  length,  in  a  plain  and  simple 
manner,  all  by-laws,  orders  and  resolutions  of  the  company  and  board 
of  directors,  and  the  manner  and  time  of  their  adoption,  which  books 
during  the  business  hours  of  the  day,  Sundays  and  fourth  of  July  excepted, 
shall  be  opened  for  the  inspection  of  stockholders  and  the  creditors  of 
the  company,  each  individual  stockholder,  and  their  duly  authorized 
agents  and  attorneys,  at  the  office  or  principal  place  of  business  of  the 
company ;  provided,  that  the  office  and  books  of  every  such  company 
shall  be  kept,  and  the  books  of  the  company  shall  be  open  as  aforesaid, 
in  the  county  in  which  their  business  is  transacted  ;  and  every  stock- 
holder and  creditor  as  aforesaid,  or  their  agents  or  attorneys,  shall  have 
the  right  to  make  extracts  from  such  books,  or,  upon  payment  of  rea- 
sonable clerk's  fees  therefor,  to  demand  and  receive  from  the  clerk  or 
other  officer  having  the  charge  of  such  books,  a  certified  copy  of  any 
entry  made  therein  ;  such  book  or  certified  copy  of  any  entry  shall  be 
presumptive  evidence  of  the  facts  therein  stated,  in  any  action  or  pro- 
ceeding against  the  company  or  any  one  or  more  stockholders.  Pro- 
vided, that  such  provisions  concerning  water  made  by  virtue  of  this 
law  will  not  in  any  manner  impede  the  rights  or  privileges  of  those 
who  are  employed  in  agriculture. 

SEC.  17.  Any  company  incorporated  under  this  act  may,  by  com- 
plying with  the  provisions  herein  contained,  increase  or  diminish  its 
capital  stock  to  any  amount  which  may  be  deemed  sufficient  and  proper 
for  the  purposes  of  the  corporation  ;  but  before  any  incorporation  shall 
be  entitled  to  diminish  the  amount  of  its  capital  stock,  if  the  amount 
of  its  debts  and  liabilities  shall  exceed  the  sum  to  which  the  capital  is 
proposed  to  be  diminished,  such  amount  shall  be  satisfied  and  reduced 
so  as  not  to  exceed  the  diminished  amount  of  capital. 


O  RAILROAD    LAWS    OF    NEW    MEXICO- 

SEC.  1 8.  Whenever  it  is  desired  to  increase  or  diminish  the  amount 
of  capital  stock,  a  meeting  of  stockholders  may  be  called,  by  a  notice 
signed  by  at  least  a  majority  of  directors,  and  published  for  at  least 
four  weeks  as  provided  in  section  ten  of  this  act,  which  notice  shall 
specify  the  object  of  the  meeting,  the  time  and  place  where  it  is  to  be 
held,  and  the  amount  to  which  it  is  proposed  to  increase  or  diminish 
the  capital,  and  a  vote  of  two-thirds  of  all  the  shares  of  stock  shall  be 
necessary  to  increase  or  diminish  the  amount  of  capital  stock. 

SEC.  19.  If  at  any  meeting  so  called,  a  sufficient  number  of  votes 
has  been  given  in  favor  of  increasing  or  diminishing  the  amount  of 
capital,  a  certificate  of  the  proceedings  showing  a  compliance  with 
these  provisions,  the  amount  of  capital  actually  paid  in,  the  whole 
amount  of  debts  and  liabilities  of  the  company,  and  the  amount  to 
which  the  capital  stock  is  to  be  increased  or  diminished,  shall  be  made 
out,  signed  and  verified  by  the  affidavit  of  the  chairman  and  secretary 
of  the  meeting,  certified  by  a  majority  of  the  directors,  and  filed  as 
required  by  the  second  section  of  this  act,  and  when  so  filed  the  capital 
stock  of  the  corporation  shall  be  increased  or  diminished  to  the  amount 
specified  in  the  certificate. 

SEC.  20.  Upon  the  dissolution  of  any  corporation  formed  under  this 
act,  the  directors  at  the  time  of  dissolution  shall  be  directors  of  the 
creditors  and  stockholders  of  the  corporation  dissolved,  and  shall  have 
full  power  and  authority  to  sue  for  and  recover  the  debts  and  property 
of  the  corporation  by  the  name  of  directors  of  the  corporation,  collect 
and  pay  the  outstanding  debts,  settle  all  its  affairs,  and  divide  amongst 
the  stockholders  the  money  and  other  property  that  shall  remain  after 
the  payment  of  the  debts  and  necessary  expenses. 

SEC.  21.  Any  corporation  formed  under  this  act  may  dissolve  and 
disincorporate  itself,  by  presenting  to  the  probate  judge  of  the  county 
in  which  the  meetings  of  the  directors  are  usually  held,  a  petition  to 
that  effect,  accompanied  by  a  certificate  of  its  proper  officers,  and  set- 
ting forth  that  at  a  general  or  special  meeting  of  the  stockholders  called 
for  that  purpose,  it  was  decided  by  a  vote  of  two  thirds  of  all  the  stock- 
holders, to  disincorporate  and  dissolve  the  corporation  ;  notice  of  the 
application  shall  then  be  given  by  the  clerk,  which  notice  shall  set 
forth  the  nature  of  the  application,  and  shall  specify  the  time  and  place 
at  which  it  is  to  be  heard,  and  shall  be  published  as  provided  in  section 
ten  of  this  act.  At  the  time  and  place  appointed,  or  at  any  other  to 
which  it  may  be  postponed  by  the  judge,  he  shall  proceed  to  consider 
the  application,  and  if  satisfied  that  the  corporation  has  taken  the  neces- 
sary preliminary  steps,  and  obtained  the  necessary  vote  to  dissolve  itself, 


HAILROAD    LAWS    OF   NEW   MEXICO.  7 

and  that  all  claims  against  the  corporation  are  discharged,  he  shall  enter 
an  order  declaring  it  dissolved. 

SEC.  22.  If  any  corporation  formed  under  this  act,  shall  not  organ- 
ize and  commence  the  transaction  of  its  business  within  two  years  from 
the  date  of  the  filing  the  certificate  of  its  incorporation,  its  corporate 
powers  shall  cease. 

SEC.  23.  That  all  corporations  heretofore  formed  by  virtue  of  any 
law  of  this  territory,  shall  comply  with  and  conform  to  the  provisions 
of  this  act,  so  far  as  the  same  shall  be  applicable  and  shall  not  inter- 
fere with  any  vested  right. 

SEC.  24.  That  whenever  any  persons  shall  have  formed  themselves 
into  an  incorporation  according  to  the  provisions  of  this  act,  it  shall 
not  be  lawful  for  any  other  persons  to  become  incorporated  under  the 
same  name  or  designation,  nor  for  the  same  immediate  purpose.  This 
last  provision  shall  not  apply  to  mining,  mechanical  or  manufacturing 
operations. 

SEC.  25.  That  all  acts  and  parts  of  acts  in  conflict  with  the  provi- 
sions of  this  act  are  hereby  repealed,  and  this  act  shall  be  in  full  force 
and  effect  from  and  after  its  passage  and  approval. 

Approved  December  27th,  1867. 


CHAPTER  XXXf. 

AN  ACT  To  amend  an  act  entitled  an  act  to  create  a  general  incor- 
poration act  permitting  persons  to  associate  themselves  together  as 
bodies  corporate  for  mining,  manufacturing  and  other  industrial 
pursuits,  and  to  repeal  the  sixteenth  section  of  said  act. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico: 

SECTION  i.  That  an  act  entitled  an  act  to  create  a  general  incorpo- 
ration law  permitting  persons  to  associate  themselves  together  as 
bodies  corporate  for  mining,  manufacturing  and  other  industrial  pur- 
suits, approved  the  28th  day  of  December,  1867,  be  repealed  in  its  six- 
teenth section  and  amended  as  follows  : 


s 


RAILROAD    LAWS    OF    NEW    MEXICO. 


2.  That  any  association  of  persons  incorporated  under  the 
general  incorporation  law  of  any  other  contiguous  state  or  territory  of 
the  United  States  for  the  purpose  of  constructing  telegraph  lines,  rail- 
roads or  wagon  roads,  desiring  to  extend  the  construction  of  such  lines 
of  telegraph,  railroad  or  wagon  roads  into  this  Territory  shall  be  re- 
quired to  register  in  the  office  of  the  Secretary  of  this  Territory,  and 
in  the  office  of  the  clerk  of  the  probate  court  of  the  county  in  which 
their  principal  business  office  may  be  established,  the  original  or  a 
certified  copy  of  the  articles  of  incorporation  thus  obtained  from  such 
contiguous  state  or  territory. 

SEC.  3.  At  the  time  of  recording  such  articles  of  incorporation  and 
association  in  the  opinion  [office?]  of  the  Secretary  as  required  in  the 
foregoing  section,  such  persons  shall  be  entitled,  for  the  purposes  for 
which  they  were  incorporated,  to  all  the  rights,  benefits  and  privileges 
secured  by  the  provisions  of  the  act  to  which  this  is  an  amendment ; 
provided,  this  association  of  persons  shall  be  required  to  conform  to  all 
the  provisions  of  the  said  act  to  which  this  is  an  amendment. 

SEC.  4.  That  the  Secretary  of  this  Territory  shall  be  entitled  to 
receive  for  recording  articles  of  association  the  same  fees  mentioned  in 
the  act  to  which  this  is  an  amendment. 

SEC.  5.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  Jauuary  30,  1868. 

[Translation.] 


CHAPTER  XIII. 

AN  ACT  providing  for  mortgaging  and  consolidating  lines  of  railway 

in  this  Territory. 

» 

£e  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  JVeu1 
Mexico : 

SECTION  i.  That  any  railroad  company  heretofore  or  hereafter 
organized  under  the  laws  of  this  Territory,  shall  have  power  to  borrow 
money  and  purchase  property,  real  and  personal,  for  the  use  of  the  cor- 
poration, and  to  mortgage  and  pledge  all  or  any  part  of  its  corporate 
franchises  and  property  in  possession  or  subsequently  to  be  acquired, 


RAILROAD    LAWS    OF    NEW    MEXICO.  9 

as  security  for  the  payment  of  the  money  so  borrowed  and  for  the  pay- 
ment of  the  purchase  money  for  the  property  so  purchased. 

SEC.  2.  That  any  railroad  company  heretofore  or  hereafter  organ- 
ized under  the  laws  of  this  Territory,  may  at  any  time  by  means  of 
subscription  to  the  capital  of  any  other  company  or  otherwise  aid  such 
company  in  the  construction  of  its  railroad  within  or  without  the  Ter- 
ritory for  the  purpose  of  forming  a  connection  with  the  said  last  men- 
tioned road  with  the  road  owned  by  the  company  furnishing  such  aid, 
or  any  railroad  organized  in  pursuance  of  law,  either  within  this  or 
any  other  territory  or  state,  may  lease  or  purchase  any  part  or  all  of 
any  railroad  constructed,  owned  or  leased  by  any  other  company  upon 
such  terms  and  conditions  as  may  be  agreed  on  between  such  com- 
panies respectively,  or  any  two  or  more  railroad  companies  may  enter 
into  any  arrangement  for  their  common  benefit  consistent  with,  and 
calculated  to  promote  the  objects  for  which  they  were  created ;  pro- 
vided, that  no  such  aid  shall  be  furnished,  nor  any  purchase,  lease, 
subletting  or  arrangements  perfected  until  a  meeting  of  stockholders 
of  such  company  of  this  Territory,  party  to  such  agreement,  shall  have 
been  called  by  the  directors  thereof,  at  such  time  and  place  and  in  such 
manner  as  they  shall  designate,  and  the  holders  of  at  least  two-thirds 
of  the  stock  of  such  company  represented  at  such  meeting,  in  person 
or  by  proxy,  and  voting  thereat,  shall  have  assented  thereto. 

SEC.  3.  It  shall  and  may  be  lawful  for  any  railroad  company  or  cor- 
poration organized  under  the  laws  of  this  Territory,  or  of  this  territory 
and  any  other  territory  or  state,  and  operating  a  railroad  or  bridge, 
either  wholly  within,  or  partly  within  and  partly  without  this  Terri- 
tory, to  merge  and  consolidate  its  capital  stock,  franchises  and  prop- 
erty with  the  capital  stock,  franchises  and  property  of  any  other  railroad 
company  or  companies  organized  under  the  laws  of  this  Territory,  or 
under  the  laws  of  this  territory  and  any  other  territory  or  state,  when- 
ever the  two  or  more  railroads  of  the  companies  or  corporations  so  to 
be  consolidated  shall  or  may  form  a  continuous  line  of  railroad  with 
each  other,  or  by  means  of  any  intervening  railroad,  bridge  or  ferry. 

SEC.  4.  Said  consolidation  shall  be  made  under  the  conditions,  pro- 
visions and  restrictions,  and  with  the  powers  hereinafter  in  this  act 
mentioned  and  contained,  that  is  to  say  : 

First,  the  directors  of  the  companies  proposing  to  consolidate  may 
enter  into  a  joint  agreement  under  the  corporate  seal  of  each  company 
for  the  consolidation  of  said  companies  and  railroads,  and  prescribing 
the  terms  and  conditions  thereof,  the  mode  of  carrying  the  same  into 
effect,  the  name  of  the  new  corporation,  the  number  and  names  of  the 


10  RAILROAD    LAWS    OF    NEW    MEXICO. 

directors  and  other  officers  thereof,  and  who  shall  be  the  first  directors 
and  officers,  and  their  places  of  residence,  the  number  of  shares  of  the 
capital  stock,  the  amount  or  par  value  of  each  share,  and  the  manner 
of  converting  the  capital  stock  of  each  of  the  said  companies  into  that 
of  the  new  corporation,  and  how  and  when  directors  arid  officers  shall 
be  chosen,  with  such  other  details  as  they  shall  deem  necessary  to  per- 
fect such  new  organization  and  the  consolidation  of  said  companies  or 
railroads. 

Second,  said  agreement  shall  be  submitted  to  the  stockholders  of 
each  of  said  companies  or  corporations  at  a  meeting  thereof  called 
separately  for  the  purpose  of  taking  the  same  into  consideration,  due 
notice  of  the  time  and  place  of  holding  said  meeting,  and  the  object 
thereof  shall  be  given  by  each  company  to  its  stockholders  by  written 
or  printed  notice  addressed  to  each  of  the  persons  in  whose  names  the 
capital  stock  of  such  company  stands  on  the  books  thereof,  and  deliv- 
ered to  such  persons  respectively,  or  sent  to  them  by  mail  when  their 
postoffice  address  is  known  to  the  company,  at  least  twenty  days  before 
the  time  of  holding  such  meeting,  and  also  by  a  general  notice  pub- 
lished daily  or  weekly  for  at  least  two  months  in  some  newspaper 
printed  in  the  city,  town  or  county  where  such  company  has  its  prin- 
cipal office  or  place  of  business  ;  or  if  no  newspaper  is  there  published, 
then  in  a  newspaper  published  nearest  to  such  city,  town  or  county ; 
and  at  the  said  meeting  of  stockholders  the  agreement  of  the  said 
directors  shall  be  considered,  and  a  vote  by  ballot  taken  for  the  adop- 
tion or  rejection  of  the  same,  each  share  entitling  the  holder  thereof  to 
one  vote,  and  said  ballots  shall  be  cast  in  person  or  by  proxy,  and  if 
two-thirds  of  all  the  votes  of  all  the  stockholders  shall  be  for  the  adop- 
tion of  said  agreement,  then  that  fact  shall  be  certified  thereon  by  the 
secretaries  of  the  respective  companies  under  the  seal  thereof,  and  the 
agreement  so  adopted,  or  a  certified  copy  thereof,  shall  be  filed  in  the 
office  of  the  Secretary  of  the  Territory,  and  shall  from  thence  be 
deemed  and  taken  to  be  the  agreement  and  act  of  consolidation  of  the 
said  companies ;  and  a  copy  of  the  said  agreement  and  act  of  consoli- 
dation duly  certified  by  the  Secretary  of  the  Territory  under  his  official 
seal,  shall  be  evidence  in  all  courts  and  places  of  the  existence  of  said 
new  corporation,  and  that  the  foregoing  provisions  of  this  act  have 
been  fully  observed  and  complied  with. 

SEC.  5.  Upon  the  making  and  perfecting  such  agreement  and  act  of 
consolidation  as  hereinbefore  provided,  and  filing  the  same  or  a  copy 
thereof  in  the  office  of  the  Secretary  of  the  Territory  as  aforesaid,  the 
said  corporations,  parties  thereto,  shall  be  deemed  and  taken  to  be  one 


RAILROAD    LAWS    OF    NEW    MEXICO.  II 

corporation  by  the  name  provided  in  said  agreement  and  act,  but  such 
act  of  consolidation  shall  not  release  such  new  corporation  from  any  of 
the  restrictions,  disabilities  or  duties  of  the  several  corporations  so  con- 
solidated. 

SEC  6.  Upon  the  consummation  of  said  act  of  consolidation  as 
aforesaid,  all  and  singular  the  rights,  privileges,  exemptions  and  fran- 
chises of  each  of  said  corporations,  parties  to  the  same,  and  all  the 
property,  real,  personal  and  mixed,  and  all  the  debts  due  on  whatever 
account  to  either  of  said  corporations,  as  well  as  all  stock,  subscrip- 
tions, provided  that  subscribers  to  unpaid  stock  in  either  company 
prior  to  consolidation  shall,  at  their  option,  take  stock  so  subscribed  or 
not,  and  other  things  on  action  belonging  to  either  of  said  corporations, 
shall  be  taken  and  deemed  to  be  transferred  to  and  vested  in  such  new 
corporation,  without  further  act  or  deed  ;  and  all  claims,  demands, 
property,  right  of  way  and  every  other  interest  shall  be  as  effectually 
the  property  of  the  new  corporation  as  they  were  of  the  former  cor- 
porations, parties  to  the  said  agreement  and  act,  and  the  title  to  all 
real  estate,  taken  by  deed  or  otherwise,  under  the  laws  of  this  Terri- 
tory, vested  in  either  of  such  corporations,  parties  to  said  agreement 
and  act,  shall  not  be  deemed  to  revert  or  be  in  any  way  impaired  by 
reason  of  this  act,  or  anything  done  by  virtue  thereof,  but  shall  be 
vested  in  the  new  corporation  by  virtue  of  such  act  of  consolidation. 

SEC.  7.  The  rights  of  all  creditors  of,  and  all  liens  upon,  the  prop- 
erty of  either  of  said  corporations,  parties  to  said  agreement  and  act, 
shall  be  preserved  unimpaired,  and  the  respective  corporations  shall  be 
deemed  to  continue  in  existence  to  preserve  the  same,  and  all  debts  and 
liabilities  incurred  by  either  of  said  corporations  except  mortgages  shall 
thenceforth  attach  to  such  new  corporation  and  be  enforced  against  it  and 
its  property  to  the  same  extent  as  if  said  debts  or  liabilities  had  been 
incurred  or  contracted  by  it.  No  suit,  action,  or  other  proceeding  now 
pending  before  any  court  or  tribunal,  in  which  either  of  said  railroad 
companies  is  a  party,  shall  be  deemed  to  have  abated  or  been  discon- 
tinued by  the  agreement  and  act  of  consolidation  as  aforesaid,  but  the 
same  may  be  conducted  in  the  name  of  the  existing  corporations  to 
final  judgment,  or  such  new  corporation  may  be,  by  order  of  the  court, 
On  motion,  substituted  as  a  party.  Suits  may  be  brought  and  main- 
tained against  such  new  corporation  in  the  courts  of  this  Territory,  for 
all  causes  of  action,  in  the  same  manner  as  against  other  railroad  cor- 
porations therein. 

SEC.  8.  That  any  corporation  heretofore  or  hereafter  formed  under 
the  laws  of  this  Territory  may  at  any  time  by  resolution  of  their  stock- 


12  RAILROAD    LAWS    OF    NEW    MEXICO. 

holders,  at  a  regular  or  special  meeting,  change  its  corporate  name. 
After  said  resolution  shall  have  been  adopted,  the  president  of  said 
company  or  corporation  seeking  to  change  its  name,  the  secretary 
thereof  shall  sign  a  certificate,  attested  with  the  seal  of  said  company, 
which  shall  state,  substantially,  that  said  company  or  corporation,  by 
resolution  duly  adopted,  agreed  to  change  the  original  corporate  name 
of  said  corporation  to  (whatever  name  agreed  on),  and  under  such  new 
corporate  name  such  corporation  propose,  from  and  after  the  date  of 
said  certificate,  to  do,  carry  on  and  transact  all  business  pertaining  to 
said  corporation,  which  shall  be  filed  in  the  office  of  the  Secretary  of 
the  Territory,  and  immediately  upon  the  filing  of  said  certificate  in  the 
office  of  the  secretary  aforesaid,  the  name  of  the  corporation  shall  be 
changed  to  the  name  set  forth  in  said  certificate. 

SEC.  9.    This  act  to  take  effect  from  and  after  its  passage. 

Approved  January  30,  1872. 


CHAPTER  XIV. 

AN  ACT  providing  for  the  appointment  of  Appraisers  to  assess  the 
value  of  Real  Estate  over  which  lines  of  Railways  inay  pass. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico : 

In  case  ajy  company  heretofore  or  hereafter  formed  and  organized 
under  the  laws  of  this  Territory  shall  be  unable  to  agree  for  the 
purchase  of  any  real  estate  required  for  the  purposes  and  objects  of 
its  corporation,  it  shall  have  the  right  to  acquire  title  to  the  same  in 
the  manner  and  by  the  proceedings  prescribed  in  this  act. 

SECTION  i.  For  the  purpose  of  acquiring  such  title,  the  said  com- 
pany may  present  a  petition  praying  for  the  appointment  of  Commis- 
sioners of  Appraisal,  to  the  District  Court,  at  any  general  or  special 
term  thereof  held  in  the  district  in  which  the  real  estate  described  in 
the  petition  is  situated,  or  to  the  Judge  of  said  District  Court  in  vaca- 
tion. Such  petition  shall  be  signed  and  verified  according  to  the  rules 


RAILROAD    LAWS    OF    NEW    MEXICO.  I£ 

and  practice  of  such  court.  It  must  contain  a  description  of  the  real 
estate  which  the  company  seeks  to  acquire  ;  and  it  must,  in  effect, state 
that  the  company  is  duly  incorporated,  and  that  it  is  the  intention  of 
the  company  in  good  faith,  to  construct  and  finish  a  railroad  from  and 
to  the  places  named  for  that  purpose  in  its  articles  of  association  ;  that 
the  company  has  surveyed  the  line  or  route  of  its  proposed  road,  and 
made  a  map  or  survey  thereof,  by  which  such  route  or  line  is  desig- 
nated, and  that  they  have  located  their  said  road  according  to  such 
survey ;  that  the  land  described  in  the  petition  is  required  for  the  pur- 
pose of  constructing  or  operating  on  the  proposed  road  ;  and  that  the 
company  has  not  been  able  to  acquire  title  thereto,  and  the  reason  of 
such  inability.  The  petition  must  also  state  the  names  and  places  of 
residence  of  the  parties,  so  far  as  the  same  can  by  reasonable  diligence 
be  ascertained,  who  own  or  have,  or  claim  to  own  or  have  estates  or 
interest  in  the  said  real  estate  ;  and  if  any  such  persons  are  infants, 
their  ages,  as  near  as  may  be,  must  be  stated  ;  and  if  any  of  such  per- 
sons are  idiots,  or  persons  of  unsound  mind,  or  are  unknown,  the  fact 
must  be  stated,  together  with  such  other  allegations  and  statements  of 
liens  or  incumbrances  on  said  real  estate  as  the  company  may  see  fit 
to  make.  A  copy  of  such  petition,  with  a  notice  of  the  time  and  place 
the  same  will  be  presented  to  the  District  Court  or  Judge  aforesaid, 
must  be  served  on  all  persons  whose  interests  are  to  be  affected  by  the 
proceedings,  at  least  ten  days  prior  to  the  presentation  of  the  same  to 
the  said  court. 

i  st.  If  the  person  on  whom  such  service  is  to  be  made,  resides  in 
this  Territory,  and  is  not  an  infant,  idiot  or  person  of  unsound  mind, 
service  of  a  copy  of  such  petition  and  notice  must  be  made  on  him  or 
his  agent  or  attorney,  authorized  to  contract  for  the  sale  of  the  real 
estate  described  in  the  petition,  personally  or  by  leaving  the  same  at 
the  usual  place  of  residence  of  the  person  on  whom  service  must  be 
made  aforesaid  with  some  person  of  suitable  age. 

2d.  If  the  person  on  whom  such  service  is  to  be  made  resides  out  of 
the  Territory,  and  has  an  agent  residing  in  the  Territory,  authorized  to 
contract  for  the  sale  of  the  real  estate  described  in  the  petition,  such 
service  may  be  made  on  such  agent,  or  on  such  person  personally  out 
of  the  Territory ;  or  it  may  be  made  by  publishing  conspicuously  the 
notice,  stating  briefly  the  object  of  the  application,  and  giving  a  descrip- 
tion of  the  land  to  be  taken  in  the  paper  of  the  largest  circulation 
printed  in  the  county  in  which  the  land  to  be  taken  is  situated,  and  if 
no  paper  is  printed  in  the  county  in  which  such  land  is  situated,  then 
the  paper  published  nearest  to  such  county,  once  in  each  week,  for  three 


14  RAILROAD    LAWS    OF    NEW    MEXICO. 

months  next  previous  to  the  presentation  of  the  petition,  and  if  the  resi- 
dence of  such  person  residing  out  of  this  Territory,  is  known,  or  can, 
"by  reasonable  diligence  be  ascertained,  the  company  must,  in  addition 
to  such  publication  as  aforesaid,  deposit  a  copy  of  the  petition  and 
notice  in  the  postoffice,  properly  folded  and  directed  to  such  person 
at  the  postoffice  nearest  his  place  of  residence,  at  least  ninety  days 
before  presenting  such  petition  to  the  court,  and  pay  the  postage, 
chargeable  thereon,  to  the  United  States. 

3d.  If  any  person  on  whom  such  service  is  to  be  made  is  under  the 
age  of  twenty-one  years,  and  resides  in  the  Territory,  such  service  shall 
be  made  as  aforesaid  on  his  general  guardian  ;  and  if  he  has  no  such 
guardian,  then  on  such  infant  personally,  if  he  is  over  the  age  of  four- 
teen years ;  and  if  under  that  age,  then  on  the  person  who  has  the  care 
of,  or  with  whom  such  infant  resides. 

4th.  If  any  person  on  whom  such  service  to  be  made  is  an  idiot, 
or  of  unsound  mind,  and  resides  in  this  Territory,  such  service  may  be 
made  on  the  committee  of  his  person  or  estate :  or  if  he  has  no  such 
committee,  then  on  the  person  who  has  the  care  and  charge  of  such 
idiot  or  person  of  unsound  mind. 

5th.  If  the  person  on  whom  such  service  is  to  be  made  is  unknown 
or  his  residence  is  unknown  and  cannot  by  reasonable  diligence  be 
ascertained,  then  such  service  may  be  made  under  the  direction  of  the 
court,  by  publishing  a  notice  stating  the  time  and  place  the  petition 
will  be  presented,  the  object  thereof,  with  a  description  of  the  land  to 
be  affected  by  the  proceedings,  in  a  paper  printed  in  the  county  where 
the  land  is  situated,  and  if  no  paper  is  printed  in  the  county  in  which 
such  land  is  situated,  then  in  the  paper  of  the  largest  circulation  pub- 
lished nearest  to  such  county,  once  in  each  week  for  three  months  pre- 
vious to  the  presentation  of  such  petition. 

6th.  In  case  any  party  to  be  affected  by  the  proceedings  is  an  infant, 
idiot  or  of  unsound  mind,  and  has  no  general  guardian  or  committee, 
the  Court  shall  appoint  a  special  guardian  or  committee  to  attend  to 
the  interest  of  such  person  in  the  proceedings,  but  if  a  general  guardian 
or  committee  has  been  appointed  for  such  person  in  the  Territory,  it 
shall  be  the  duty  of  such  general  guardian  or  committee  to  attend  to 
the  interests  of  such  infant,  idiot  or  person  of  unsound  mind  ;  and  the 
Court  shall  require  such  security  to  be  given  by  such  general  or  spe- 
cial guardian  or  committee,  as  it  may  deem  necessary  to  protect  the 
rights  of  such  infant,  idiot  or  person  of  unsound  mind ;  and  all  notices 
required  to  be  served  in  the  progress  of  the  proceedings,  may  be  served 
on  such  general  or  special  guardian  or  committee. 


RAILROAD    LAWS    OF    NEW    MEXICO.  15 

7th.  In  all  cases  not  herein  otherwise  provided  for,  services  of 
•orders,  notices,  and  other  papers  in  the  proceedings  by  this  act,  may 
*be  made  as  the  District  Court  or  Judge  thereof  shall  direct. 

SEC.  2.  On  presenting  such  petition  to  the  District  Court  or  Judge 
thereof,  as  aforesaid,  with  proof  of  service  of  a  copy  thereof  and  notice 
as  aforesaid,  all  or  any  of  the  persons  whose  estates  and  interests  are 
to  be  affected  by  the  proceedings,  may  show  cause  against  granting 
the  prayer  of  the  petition,  and  may  disprove  any  of  the  facts  alleged  in 
it.  The  Court  or  Judge  thereof  shall  hear  the  proofs  and  allegations  of 
the  parties,  and  if  no  sufficient  cause  is  shown  against  granting  the 
prayer  of  the  petition,  it  shall  make  an  order  for  the  appointment  of 
three  disinterested  and  competent  freeholders,  each  one  of  whom  shall 
have  resided  in  the  county  for  at  least  three  years,  where  the  premises 
*to  be  appraised  are  situated,  three  commissioners  to  ascertain  and  ap- 
praise the  compensation  to  be  made  to  the  owners  or  persons  interested 
in  the  real  estate  proposed  to  be  taken  in  such  county  for  the  purposes 
of  the  company,  and  to  fix  the  time  and  place  for  the  first  meeting  of 
the  commissioners. 

SEC.  3.  The  commissioners  shall  take  and  subscribe  an  oath  (Sec- 
tion 1 6)  to  faithfully  discharge  the  duties  required  of  them  in  the  fore- 
going section  —  any  one  of  them  may  issue  subposnas  and  administer 
oaths  to  witnesses ;  a  majority  of  them  may  adjourn  the  proceedings 
before  them  from  time  to  time,  in  their  discretion.  Whenever  they 
meet,  except  by  the  appointment  of  the  Court  or  pursuant  to  adjourn- 
ment, they  shall  cause  reasonable  notice  of  such  meetings  to  be  given 
to  the  parties  interested,  or  their  agent  or  attorney.  They  shall  view 
the  premises  described  in  the  petition,  and  hear  the  proofs  and  allega- 
tions of  the  parties,  and  reduce  the  testimony  taken  by  them,  if  any, 
to  writing,  and  after  the  testimony  in  each  case  is  closed,  they,  or  a 
majority  of  them,  all  being  present,  shall,  without  any  unnecessary 
delay,  and  before  proceeding  to  the  examination  of  any  other  claim, 
ascertain  and  determine  the  compensation  which  ought  justly  to  be 
made  by  the  company  to  the  owners  or  persons  interested  in  the  real 
estate  appraised  by  them  ;  and  in  fixing  the  amount  of  such  compensa- 
tion, said  commissioners  shall  not  make  any  allowance  or  deduction 
on  account  of  any  real  or  supposed  benefits  which  the  parties  interested 
may  derive  troni  the  construction  of  the  proposed  railroad,  or  the  con- 
struction of  the  proposed  improvement  connected  with  such  road,  for 
which  such  real  estate  may  be  taken.  They,  or  a  majority  of  them, 
shall  also  determine  what  sum  ought  to  be  paid  to  the  general  or  spe- 
cial guardian  or  committee  of  an  infant,  idiot  or  person  of  unsound 


1 6  RAILROAD    LAWS    OF    NEW    MEXICO. 

mind,  or  to  any  attorney  appointed  by  the  Court  to  attend  to  the  inter- 
ests of  any  unknown  owner  or  party  in  interest,  not  personally  served 
with  notice  of  the  proceedings,  and  who  has  not  appeared  for  costs, 
expenses  and  counsel  fees.  The  said  commissioners  shall  make  a 
report  of  their  proceedings  to  the  District  Court  at  any  general  or  spe- 
cial term,  with  the  minutes  of  the  testimony  taken  by  them,  if  any  ; 
and  they  shall  each  be  entitled  to  five  dollars  for  services  and  expenses 
for  every  day  they  are  actually  engaged  in  the  performance  of  their 
duties  ;  to  be  paid  by  the  company  ;  except  where  the  owners  or  per- 
sons interested  in  the  real  estate  fail  to  have  awarded  them  more  than 
the  amount  of  compensation  offered  them  by  the  company  before  the 
appointment  of  commissioners,  then  to  be  paid  by  the  said  owners  or 
persons  interested,  or  if  not  paid  by  them  to  be  paid  by  the  company 
and  deducted  from  the  amount  awarded. 

SEC.  4.  On  such  report  being  made  by  said  commissioners  the  com- 
pany shall  give  notice  to  the  parties  or  their  attorneys  to  be  affected  by 
the  proceedings,  according  to  the  rules  and  practice  of  said  Court  at 
the  next  general  or  special  term  thereof,  for  the  confirmation  of  such 
report ;  and  the  Court  shall  thereupon  confirm  such  report,  and  shall 
make  an  order,  containing  a  recital  of  the  substance  of  the  proceedings 
in  the  matter  of  the  appraisal,  and  a  description  of  th^  real  estate  ap- 
praised for  which  compensation  is  to  be  made  ;  and  shall  also  direct  to 
whom  money  is  to  be  paid  or  in  what  place  and  in  what  manner  it  shall 
be  deposited  by  the  company. 

SEC.  5.  A  certified  copy  of  the  order  so  to  be  made  as  aforesaid, 
shall  be  recorded  at  full  length  in  the  office  of  the  Probate  Clerk  of  the 
county  in  which  the  land  described  in  it  is  situated;  and  thereupon, 
and  on  the  payment  or  deposit  by  the  company  of  the  sums  to  be  paid 
as  compensation  for  the  land,  and  for  costs,  expenses  and  counsel  fees 
as  aforesaid,  and  as  directed  by  said  order,  the  company  shall  be 
entitled  to  enter  upon,  take  possession  of,  and  use  the  land  for  the  pur- 
poses of  the  corporation,  during  the  continuance  of  its  corporate  exist- 
ence, by  virtue  of  this  or  any  other  act ;  and  all  persons  who  have  been 
made  parties  to  the  proceedings  shall  be  divested  and  barred  of  all 
right,  estate  and  interest  in  such  real  estate,  during  the  corporate  exist- 
ence of  the  company  as  aforesaid.  All  real  estate  required  by  the 
company  under  and  pursusnt  to  the  provisions  of  this  act,  for  the  pur- 
poses of  its  incorporation,  shall  be  deemed  to  be  acquired  for  the  public 
use.  Within  twenty  days  after  the  confirmation  of  the  report  of  the 
commissioners,  such  appeal  shall  be  heard  by  the  District  Court  at  the 
next  special  or  general  term  thereof  on  such  notice  thereof  being  given 


RAILROAD    LAWS    OF    NEW    MEXICO.  1 7 

according  to  the  rules  and  practices  of  said  court.  On  the  hearing  of 
such  appeal,  the  Court  may  direct  a  new  appraisal  before  new  com- 
missioners in  its  discretion  ;  the  second  report  shall  be  final  and  con- 
clusive on  all  the  parties  interested.  If  the  amount  of  the  compensation 
to  be  made  by  the  company  is  increased  by  the  second  report,  the  dif- 
ference shall  be  a  lien  on  the  land  appraised  and  shall  be  paid  by  the 
company  to  the  parties  entitled  to  the  same,  or  shall  be  deposited  in 
such  place  as  the  Court  shall  direct ;  and  if  the  amount  is  diminished, 
the  difference  shall  be  refunded  to  the  company  by  the  party  to  whom 
the  same  may  have  been  paid;  and  judgment  therefor,  may  be  ren- 
dered by  the  Court  on  the  filing  of  a  second  report  against  the  party 
liable  to  pay  the  same.  Such  appeal  shall  not  affect  the  possession  by 
such  company  of  the  land  appraised,  and  when  the  same  is  made  by 
others  than  the  company,  it  shall  not  be  heard,  except  on  a  stipulation 
of  the  party  appealing  not  to  disturb  such  possession. 

SEC.  6.  If  there  are  adverse  and  conflicting  claimants  to  the  money, 
or  any  part  of  it,  to  be  paid  as  compensation  for  the  real  estate  taken, 
the  Court  may  direct  the  money  to  be  paid  into  the  said  Court  by  the 
company,  and  may  determine  who  is  entitled  to  the  same,  and  direct 
to  whom  the  same  shall  be  paid  ;  and  may,  in  its  discretion,  order  a 
reference  to  ascertain  the  facts  on  which  such  determination  and  order 
are  to  be  made. 

SEC.  7.  The  Court  shall  appoint  some  competent  attorney  to  appear 
for  and  protect  the  rights  of  any  party  in  interest  who  is  unknown,  and 
who  has  not  appeared  in  the  proceedings  by  attorney  or  agent.  The 
Court  shall  also  have  power  at  any  time  to  amend  any  defect  or  in- 
formality in  any  of  the  proceedings  authorized  by  this  act,  as  may  be 
necessary;  or  to  cause  new  parties  to  be  added,  and  to  direct  such 
further  notices  to  be  given  to  any  party  interested,  as  it  deems  proper ;. 
and  the  Court,  or  the  Judge  thereof,  shall  have  power  to  appoint  other 
commissioners  in  place  of  any  who  shall  die,  or  refuse  or  neglect  to 
serve,  or  be  incapable  of  serving. 

SEC.  8.  If  at  any  time  after  an  attempt  to  acquire  title  by  the  ap- 
praisal of  damages  or  otherwise,  it  shall  be  found  that  the  title  thereby 
attempted  to  be  acquired  is  defective,  the  company  may  proceed  anew 
to  acquire  or  perfect  such  title,  in  the  same  manner  as  if  no  appraisal 
had  been  made  ;  and  at  any  stage  of  such  new  proceeding,  the  Court 
may  authorize  the  corporation,  if  in  possession,  to  continue  in  posses, 
sion,  and  if  not  in  possession,  to  take  possession,  and  use  such  real 
estate  during  the  pendency  and  until  the  final  conclusion  of  such  new 
proceedings ;  and  may  stay  all  actions  or  proceedings  against  the  com. 


1 8  RAILROAD    LAWS    OF    NEW    MEXICO. 

pany  on  account  thereof,  on  such  company  paying  into  Court  a  suffi- 
cient sum,  or  giving  security  as  the  Court  may  direct,  to  pay  the 
compensation  therefor  when  finally  ascertained ;  and  in  every  such 
case,  the  party  interested  in  such  real  estate  may  conduct  the  pro- 
ceedings to  a  conclusion,  if  the  company  delays  or  omits  to  prosecute 
the  same. 

SEC  9.  This  act  to  take  effect  from  and  after  its  passage  and  ap- 
proval. 

Approved  January  30,  1872. 


CHAPTER  XXX. 

AN  ACT  authorizing  counties  to  aid  in  the  construction  of  Railroads. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico : 

SECTION  i.  That  it  shall  be  lawful  for  the  people  of  any  county  in 
this  Territory  to  pledge  the  credit  of  such  county  to  borrow  money,  to 
issue  bonds  or  other  evidences  of  debt,  to  assist  in  the  construction  of 
any  railroad  passing  through  all  or  a  portion  of  said  county,  for  such 
amount  or  amounts  of  money  not  exceeding  for  any  such  road  five  per 
centum  of  the  assessed  value  of  the  real  and  personal  property  of  such 
county  as  the  electors  of  said  county  may  determine  in  meetings  or 
elections  that  may  be  held  in  the  various  precincts  of  such  county  for 
that  purpose,  and  at  said  meetings  or  elections  the  terms  and  conditions 
of  such  pledge  of  credit  may  also  be  determined  as  hereinafter  provided 
in  this  act.  The  amount  of  bonds  or  other  evidences  [of  debt]  that 
may  become  due  in  any  year  shall  not  exceed  two  per  centum  of  the 
assessed  value  of  the  property  of  such  county  at  the  time  of  issuing 
such  bonds  or  other  evidences  of  debt.  Nor  shall  J:he  rate  of  interest 

upon  such  bonds  or  other  evidence  of  debt  be  more  than  per 

centum  per  annum. 

SEC.  2.  It  shall  be  the  duty  of  the  probate  judge  or  commissioner 
who  may  be  hereafter  provided  by  law,  as  the  case  may  be,  to  call  a 
meeting  or  election  of  the  electors  of  the  various  precincts  of  said 


RAILROAD    LAWS    OF    NEW    MEXICO.  19 

county  who  own  taxable  property,  upon  the  written  or  printed,  or  in 
part  written  or  printed  request  of  fifteen  owners  of  property  electors 
and  tax  payers  of  such  county,  which  request  shall  specify  the  amount 
which  has  to  be  raised  or  pledged,  and  the  manner  of  raising  and 
pledging  the  same  by  bonds  or  otherwise  the  rate  of  interest  which  has 
to  be  paid,  the  time  or  times  of  the  payment  and  such  other  matters  as 
they  may  consider  for  the  welfare  and  security  of  the  people  of  the 
county,  and  in  publishing  notices  of  the  meetings  or  elections  to  be 
held  in  such  county  there  shall  also  be  published  with  such  notice  a 
copy  of  the  request  and  names  upon  the  same  for  which  they  call  the 
meetings  or  elections.  The  questions  submitted  to  the  electors  shall 
be  those  contained  in  the  call  for  the  meetings  or  elections,  and  those 
who  vote  upon  the  question  of  aid  shall  vote  a  ticket  upon  which  is 
written  or  printed,  or  part  written  and  part  printed,  the  words — "Aid 
for  railroads,  yes,"  and  those  who  vote  in  the  negative  shall  vote  a 
ticket  on  which  is  written  or  printed,  or  part  written  or  printed,  the 
words — "Aid  for  railroads,  no."  The  elections  or  meetings  to  deter- 
mine the  question  of  aid  shall  be  held  at  the  usual  places  of  voting  in 
the  precincts  of  the  county  to  be  called  in  the  same  manner,  at  the  same 
hours  of  the  day  the  polls  shall  be  opened  and  shall  be  closed  at  the 
same  time  and  manner,  and  the  tickets  shall  be  counted  by  the  same 
inspectors  and  persons  and  they  shall  make  returns  of  the  same,  certi- 
fied, delivered  or  returned  in  the  same  manner  to  all  intents  and  purposes 
as  correct  as  is  possible  as  in  the  case  of  annual  elections  heretofore 
held  for  the  election  of  officers,  except  that  four  notices  of  elections 
printed  in  both  languages  Spanish  and  English  shall  be  published  at 
least  fifteen  days  beforg  the  day  of  the  election  in  some  conspicuous 
place  in  every  and  each  precinct  in  the  county,  and  shall  be  published 
in  some  periodical  published  in  the  county. 

SEC.  3.  Should  it  be  determined  in  such  meetings  or  elections  to 
aid  in  the  construction  of  any  railroad,  and  should  it  so  appear  from 
the  proper  returns  of  such  meetings  or  elections  held  in  such  precincts 
as  aforesaid,  which  returns  shall  be  made,  certified  and  delivered  by 
the  proper  inspectors,  to  the  same  person  or  persons  and  in  the  same 
manner  that  ordinary  returns  of  election  of  county  officers  are  certified, 
made  and  delivered,  within  ten  days  afterwards,  that  such  meetings  or 
•elections  are  held,  it  shall  be  the  duty  of  the  probate  judge  of  such 
county  or  of  any  commissioner  or  commissioners  who  may  by  law  be 
provided  for,  elected  or  appointed  for  that  purpose  to  execute  bonds  or 
other  evidences  of  debt,  under  their  seal  of  office  attested  by  the  clerk 
of  the  Probate  Court  in  conformity  with  the  vote  given  at  such  elec- 


20  RAILROAD    LAWS    OF   NEW    MEXICO. 

tions  or  meetings  of  said  county,  and  to  require  of  the  railroad  com- 
pany for  whose  benefit  the  aid  has  been  voted  such  stock  or  other 
security  for  the  same  as  can  by  such  vote  be  required  as  a  condition 
precedent  for  the  delivery  of  such  bonds  or  other  evidences  of  debt  and 
to  do  all  other  acts  necessary  to  comply  with  the  vote  of  the  electors  of 
such  county,  and  all  moneys,  certificates,  securities  or  other  things 
inuring  to  said  county  under  this  act,  and  by  virtue  of  the  conditions 
of  such  vote  of  said  electors  shall  be  deposited  with  said  probate  judge 
or  commissioners  as  the  case  may  be,  and  by  him  or  them  shall  be 
kept  in  safety  until  delivered  in  conformity  with  the  law  to  the  proper 
person  at  any  time  entitled  thereto  or  to  the  successor  in  office  of  said 
probate  judge  or  commissioners  as  aforesaid. 

SEC.  4.  It  shall  be  the  duty  of  the  proper  officer  levying  the  usual 
taxes  for  territorial  and  county  purposes  under  the  general  law  of  tax- 
ation, to  raise  by  taxation  such  sums  of  money  annually  and  from  year 
to  year  as  may  be  sufficient  from  time  to  time,  to  pay  the  principal  and 
interest  of  such  bonds  or  evidences  of  debt  as  regularly  as  the  same 
shall  become  due,  and  in  time  to  meet  promptly  the  debt  and  interest: 
provided  that  no  bonds  or  other  evidences'of  debt  created  under  this 
act  shall  be  sold  for  less  than  their  par  value,  nor  such  bonds  or  other 
evidences  of  debt  shall  be  paid  or  delivered  to  any  railroad  company, 
nor  to  any  person  or  persons  for  the  use  of  such  company,  nor  shall 
they  fce  permitted  to  leave  the  hands  of  said  judge  or  commissioners, 
except  upon  the  certificate  of  the  governor  that  the  railroad  to  which 
such  aid  has  been  conceded  has  been  completed  in  the  county  where 
such  aid  was  voted,  whether  it  shall  be  entirely  for  such  part  of  the 
county  as  the  road  has  to  pass,  or  in  such  proportion  to  all  the  distance 
agreeably  as  the  amount  of  bonds  or  other  evidences  of  debt  delivered 
shall  show  to  the  whole  sum  voted. 

SEC.  5.    This  act  shall  take  effect  from  and  after  its  passage. 

Approved  February  i,  1872. 

[Translation.] 


CHAPTER  XXXVII. 

AN  ACT  to  amend  an  act  entitled  ar.  act,  to  create  a  general  incor- 


RAILROAD    LAWS    OF    NEW    MEXICO.  21 

poration  act,  permitting  persons  to  associate  themselves  together 
as  bodies  corporate  for  mining,  manufacturing  and  other  industrial 
pursuits. 

CONTENTS. 

•Sec.  i.    Objects  additional,  for  which  incorporate  associations  are  per- 
mitted. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico : 

SECTION  i.  That  the  first  section  of  an  act  approved  December 
twenty-seventh,  eighteen  hundred  and  sixty-seven,  entitled  "An  act  to 
create  a  general  incorporation  act  permitting  persons  to  associate  them- 
selves together  as  bodies  corporate,  for  mining,  manufacturing  and 
other  industrial  pursuits,"  shall  be  and  hereby  is  amended  to  read  as 
follows :  corporations  for  mining,  manufacturing  or  other  industrial 
pursuits,  or  the  construction  or  operation  of  railroads,  wagon  roads, 
irrigating  ditches,  and  the  colonization  and  improvement  of  lands  in 
connection  therewith,  or  for  colleges,  seminaries,  churches,  libraries, 
-or  any  benevolent,  charitable  or  scientific  associations ;  may  be  formed 
according  to  the  provisions  of  this  act.  Such  corporation  and  the 
members  thereof,  being  subject  to  all  the  conditions  and  liabilities 
herein  imposed  and  to  none  others. 

SEC.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  January  5,  1876. 


CHAPTER  I. 

AN  ACT  to  provide  for  the  incorporation  of  Railroad  Companies,  and 
the  management  of  the  affairs  thereof,  and  other  matters  relating 
thereto. 

TITLES. 

Title       I.  Formation  of  Railroad  Corporations,  Page  17 

"        II.  By-Laws,  "      19 


22  RAILROAD    LAWS    OF    NEW    MEXICO. 

Title  III.  Directors,  Elections  and  Meeting,  Page  21 

"      IV.  Corporate  Stock,  "  27 

"        V.  Assessments,  u  28 

"      VI.  Corporate  powers,  "  31 

"  VII.  Eminent  Domain,  "  39 

"  VIII.  Regulation  and  Management,  "  41 

"       IX.  Grants,  Donations,  Exemptions,  Dissolution,  "  48. 

[TITLE.]     Chapter  I. 

FORMATION    OF   RAILROAD    CORPORATIONS. 

Section   i.  Articles  of  incorporation,  who  may  enter  into. 
"         2.  What  must  be  set  forth. 

3.  How  executed. 
"        4.  Corporators  must  be  subscribers  to  Capital  Stock,  and  have 

paid  in  ten  per  cent. 
"         5.  Treasurer  affidavit  of  subscriptions  and  per  cent  paid  in 

must  be  attached  to  articles. 
"         6.  Articles  of  incorporation  must  be  filed  with  Secretary  of 

the  Territory. 

"         7.   Owners  of  Capital  Stock  shall  be  called  Stockholders. 
"         8.  Copy  certified  by  the  Secretary  of  the  Territory  received  in 

evidence. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New- 
Mexico  : 

SECTION  i.  Railroad  corporations  may  be  formed  by  the  voluntary 
association  of  any  five  or  more  persons,  in  the  manner  prescribed  in 
this  chapter.  Such  persons  must  be  citizens  of  the  United  States. 

SEC.  2.    Articles  of  incorporation  must  be  prepared,  setting  forth  : 

i  st.  The  name  of  the  corporation. 

2d.    The  purpose  for  which  it  is  formed. 

3d.    The  place  where  its  principal  business  is  to  be  transacted. 

4th.  The  term  for  which  it  is  to  exist,  not  exceeding  fifty  years. 

5th.  The  number  of  its  directors,  which  shall  not  be  less  than  five 
nor  more  than  eleven ;  and  the  names  and  residences  of  the  persons 
who  are  appointed  to  act  as  such  until  their  successors  are  elected  and 
qualified. 

6th.  The  amount  of  its  capital  stock  which  (shall  not  exceed  the 


RAILROAD    LAWS    OF    NEW    MEXICO.  2£ 

amount  actually  required  for  the  purposes  of  the  corporation  as  esti- 
mated by  competent  engineers)  and  the  number  of  shares  into  which 
it  is  divided. 

yth.  The  amount  of  capital  stock  actually  subscribed,  and  by  whom. 

8th.  The  termini  of  its  road  and  intermediate  branches. 

9th.  The  estimated  length  of  its  road  and  of  each  of  its  branches. 

loth.  That  at  least  ten  per  cent,  of  its  capital  stock  subscribed  has 
been  paid  to  the  treasurer  of  the  intended  corporation,  giving  his  name 
and  residence. 

SEC.  3.  The  articles  of  incorporation  must  be  subscribed  by  five  or 
more  persons,  who  must  be  citizens  of  the  United  States,  and  acknowl- 
edged by  each  of  them  before  some  officer  authorized  by  the  laws  of 
this  Territory  to  take  and  certify  acknowledgments  of  conveyances  of 
real  property  situated  within  this  Territory.  Each  subscriber  may  sub- 
scribe said  articles  personally  or  by  an  attorney  in  fact,  thereunto  duly 
authorized  in  writing  signed  by  said  subscriber  and  acknowledged  be- 
fore some  officer  authorized  by  the  laws  of  this  Territory  to  take  and 
certify  acknowledgments  of  conveyances  of  real  property  situated  with- 
in this  Territory.  Ail  such  powers  of  attorney  must  be  securely 
attached  to  said  articles  of  incorporation,  and  be  filed  therewith,  as 
hereinafter  provided. 

SEC.  4.  The  corporators  of  each  intended  corporation  before  filing 
articles  of  incorporation  must  have  actually  subscribed  to  the  capital 
stock  of  the  corporation  at  least  one  thousand  dollars  for  each  mile  of 
its  road  and  branches,  and  at  least  ten  per  cent,  thereof  must  have  been 
paid  for  the  benefit  of  the  corporation,  to  a  treasurer  appointed  by  the 
subscribers  to  its  articles  of  incorporation,  or  their  attorneys  in  fact  as 
aforesaid. 

SEC.  5.  There  must  be  securely  attached  to  said  articles  of  incor- 
poration an  affidavit  of  the  treasurer  named  therein,  that  the  requisite 
amount  of  the  capital  stock  of  the  intended  corporation  has  been  actu- 
ally subscribed,  and  that  ten  per  cent,  thereof  has  been  actually  paid 
to  him  for  the  benefit  of  said  corporation,  stating  the  amount  of  stock 
subscribed,  and  the  amount  actually  paid  in. 

SEC.  6.  Said  articles  of  incorporation,  with  the  powers  of  attorney 
mentioned  in  the  third  section  of  this  chapter,  if  any  such  there  be,  and 
the  affidavit  mentioned  in  the  fifth  section  of  this  chapter,  must  be  filed 
in  the  office  of  the  Secretary  of  this  Territory,  and  thereupon,  the  per- 
sons who  have  signed  articles,  and  their  associates  and  successors,  shall 
be  a  body  politic  and  corporate,  by  the  name  stated  in  said  articles  foi 
the  term  of  years  therein  specified. 


24  RAILROAD    LAWS    OF    NEW    MEXICO. 

SEC.  7.  The  owners  of  shares  of  the  capital  stock  of  corporations 
formed  under  this  act  shall  be  called  stockholders. 

SEC.  8.  A  copy  of  any  articles  of  incorporation  filed  in  pursuance 
of  the  provisions  of  this  chapter,  certified  by  the  Secretary  of  this  Ter- 
ritory, must  be  received  in  all  courts  and  other  places  as  prima  facie 
e  idence  of  the  facts  therein  stated. 


[TITLE.]     Chapter.  II. 


BY-LAWS. 


Section  i.  How  adopted. 

"         2.  What  to  provide  for. 

"        3.  Certified,  Amendment  and  Repeal.     Recorded. 

SECTION  i.  Every  corporation  formed  under  this  act  must,  within 
three  months  after  filing  articles  of  incorporation,  adopt  a  code  of  by- 
laws for  its  government,  not  inconsistent  with  the  laws  of  this  Terri- 
tory. By-laws  may  be  adopted  by  stockholders  representing  a  majority 
of  all  the  subscribed  capital  stock,  at  a  meeting  of  stockholders  called 
for  that  purpose  by  order  of  the  acting  president,  served  upon  them- 
personally  in  writing,  or  by  advertisement  in  some  newspaper  pub 
lished  in  the  county  in  which  the  principal  place  of  business  of  the 
-corporation  is  located,  if  there  be  one  published  therein,  but  if  not, 
then  in  some  paper  published  in  some  adjoining  county.  The  time 
specified  in  said  order  for  such  meeting  shall  not  be  less  than  two  weeks 
from  the  date  thereof:  Provided,  that  the  written  assent  of  the  holders 
of  two-thirds  of  the  subscribed  capital  stock  shall  be  effectual  to  adopt 
a  code  of  by-laws  without  a  meeting  of  the  stockholders  for  that  pur- 
pose. 

SEC.  2.    Where  no  other  provision  is  especially  made  by  this  act,  a 
corporation  formed  under  it,  may,  by  its  by-laws  provide  for : 

ist.  The  time,  place  and  manner  of  calling  and  conducting  the  meet- 
ings of  its  directors  and  stockholders. 

2d.  The  number  of  stockholders  constituting  a  quorum  at  meetings 
of  stockholders. 


RAILROAD    LAWS    OF    NEW    MEXICO.  25 

3d.    The  mode  of  voting  by  proxy  at  meetings  of  stockholders. 

4th.  The  time  for  holding  annual  elections  for  directors  and  the 
mode  and  manner  of  giving  notice  thereof. 

5th.   The  compensation  and  duties  of  officers. 

6th.  The  manner  of  election  and  the  tenure  of  office  of  all  officers 
other  than  the  directors. 

yth.  Suitable  fines  for  violation  of  by-laws,  not  exceeding  in  any  case 
one  hundred  dollars  for  any  one  offence  ;  and  — 

8th.  The  mode  and  manner  of  collecting  assessments,  except  as 
otherwise  provided  in  this  act. 

SEC.  3.  All  by-laws  must  be  certified  by  a  majority  of  the  directors 
and  the  secretary  of  the  corporation,  and  copied  in  a  legible  hand  in  a 
book  to  be  kept  in  the  office  of  the  secretary  of  the  corporation  to  be 
known  as  the  "  Book  of  By-Laws,"  which  shall  be  open  to  public 
inspection  during  office  hours  of  each  day  except  holidays.  When 
recorded  as  aforesaid,  the  by-laws  shall  take  effect,  unless  otherwise 
therein  provided.  By-laws  may  be  amended  or  repealed,  or  new  by- 
laws may  be  adopted  at  an  annual  meeting,  or  any  other  meeting  of 
the  stockholders  called  by  the  directors  for  that  purpose,  by  a  vote 
representing  two-thirds  of  the  subscribed  capital  stock,  or  the  power  to 
amend  or  repeal  or  adopt  new  by-laws,  may,  by  a  similar  vote,  at  any 
such  meeting,  be  delegated  to  the  Board  of  Directors.  Such  power, 
when  delegated,  may  be  revoked  by  a  similar  vote  at  any  regular  meet- 
ing of  the  stockholders.  Whenever  any  amendment  or  new  by-law  is 
adopted,  it  shall  be  copied  in  the  "Book  of  By-Laws"  immediately 
.after  the  previous  by-laws  and  shall  not  take  effect  until  so  recorded. 
If  any  by-law  be  repealed,  the  fact  and  date  of  repeal  shall  be  noted  in 
the  "  Book  of  By-Laws,"  and  until  so  noted,  the  repeal  shall  not  take 
.effect. 


[TITLE.]     Chapter  III. 


DIRECTORS,    ELECTIONS    AND    MEETINGS. 

'Section  i.  Members  and  Election  of  Directors. 
a        2.  Term  of  office,  when  elected. 


26  RAILROAD    LAWS   OF    NEW    MEXICO. 

Section  3.  Conduct  and  what  constitutes  an  election. 

"        4.  Business  meetings,  Quorums. 

"        5.  Dividends  and  Liabilities  of  Directors. 

"         6.  Removal  of  Directors  from  office. 

"  7.  When  a  justice  of  the  peace  may  call  a  meeting  of  the  stock- 
holders. 

"  8.  Stockholders  meetings  must  represent  a  majority  of  stock 
subscribed.  Adjournments. 

"  9.  Stock  belonging  to  insane  persons  or  minors,  how  repre- 
sented. 

"       10.  Provisions  when  failing  to  elect. 

"       ii.  Recourse  of  persons  aggrieved  by  an  election. 

"       12.  Liability  for  false  reports,  certificates,  etc. 

"  13.  Stockholders  signing  written  consent  to  a  meeting,  makes 
it  valid. 

"  14.  The  same  may  elect  officers  to  vacancies  and  transact  busi- 
ness. 

"       15.  Must  meet  at  principal  place  of  business. 

"       16.  Calling  of  meetings,  general  and  special. 

"       17.  Change  of  principal  place  of  meeting. 

"  1 8.  Record  of  corporate  debts.  Book  of  Stockholders.  Trans- 
fer books. 

SECTION  i.  The  corporate  powers,  business  and  property  of  all  cor- 
porations formed  under  this  act  must  be  exercised,  conducted,  controlled 
and  managed  by  a  board  of  not  less  than  five  nor  more  than  eleven  direct- 
ors, to  be  elected  from  among  the  stockholders  who  are  citizens  of  the 
United  States.  Unless  a  quorum  be  present  and  acting,  no  business 
performed  or  act  done  shall  be  valid  or  binding  as  against  the  corpora- 
tion. Vacancies  in  the  board  of  directors  shall  be  filled  by  appoint- 
ment by  the  board,  unless  otherwise  provided  by  the  by-laws  of  the 
corporation.  Within  the  limits  above  specified,  the  number  of  direct- 
ors may  be  increased  or  diminished  by  a  vote  of  stockholders  represent- 
ing two-thirds  of  the  subscribed  capital  stock,  at  any  annual  meeting 
of  the  stockholders. 

SEC.  2.  The  directors  named  in  the  articles  of  incorporation  shall 
hold  their  offices  for  one  year  from  and  after  the  date  of  the  filing  of 
said  articles  in  the  office  of  the  Secretary  of  this  Territory,  as  herein- 
before provided,  or  until  their  successors  are  elected  and  qualified. 
Thereafter,  directors  must  be  elected  annually  by  the  stockholders  at 
such  time  as  may  be  provided  in  the  by-laws  of  the  corporation.  Pro- 


RAILROAD    LAWS    OF   NEW    MEXICO.  2j 

vided,  that  if  no  time  be  fixed  in  the  by-laws,  such  elections  shall  be 
had  on  the  first  Wednesday  in  July  of  each  year. 

SEC.  3.  All  elections  of  directors  must  be  by  ballot,  and  a  vote  of 
stockholders  representing  a  majority  of  the  subscribed  capital  stock 
shall  be  necessar3r  to  a  choice.  At  all  such  elections,  and  at  all  other 
elections,  and  at  all  meetings  of  stockholders,  each  stockholder  shall 
be  entitled  to  one  vote  for  each  share  of  the  capital  sto:k  owned  by 
him. 

SEC.  4.  The  directors  named  in  the  articles  of  incorporation  must 
meet  within  one  week  after  the  filing  of  said  articles  at  the  principal 
place  of  business  of  the  corporation,  and  organize  by  the  election  of  a 
president  who  shall  be  one  of  their  number,  a  secretary  and  treasurer ; 
and  their  successors  must  so  meet  and  organize  immediately  after  their 
election.  Directors  must  perform  the  duties  enjoined  upon  them  by 
law  and  the  by-laws  of  the  corporation.  A  majority  of  the  directors 
shall  constitute  a  board  for  the  transaction  of  business,  and  every 
decision  of  a  majority  of  the  directors  forming  such  board,  made 
when  duly  assembled  and  in  session  as  such  board,  shall  be  valid  as  a 
corporate  act. 

SEC.  5.  The  directors  must  not  make  or  declare  dividends,  except 
from  the  surplus  profits  arising  from  the  business  of  the  corporation  ; 
nor  must  they  withdraw,  divide  or  pay  to  the  stockholders,  or  any  of 
them,  any  part  of  the  capital  stock  ;  nor  must  they  create  debts  beyond 
their  subscribed  capital  stock,  or  reduce  or  increase  the  capital  stock, 
except  as  hereinafter  specially  provided.  For  a  violation  of  the  provi- 
sions of  this  section,  the  directors  under  whose  administration  the  same 
may  have  happened  (except  those  who  may  have  caused  their  dissent 
therefrom  to  be  entered  at  large  on  the  minutes  of  the  proceedings  of 
the  directors  at  the  time,  or  were  not  present  when  the  same  did  hap- 
pen) shall  be,  in  their  individual  and  private  capacity,  jointly  and  sev- 
erally liable  to  the  corporation,  and  to  the  creditors  thereof,  in  the  event 
of  its  dissolution,  to  the  full  amount  of  the  capital  stock  so  divided,  with- 
drawn, paid  out  or  reduced,  or  debt  contracted  ;  and  no  statute  of  limit- 
ations shall  be  a  bar  to  any  suit  against  such  directors  for  any  sums  for 
which  they  are  made  liable  by  this  section.  There  may,  however,  be 
a  division  and  distribution  of  the  capital  stock  and  property  of  the  cor- 
poration which  may  remain  after  the  payment  of  all  its  debts,  upon 
the  dissolution  of  the  corporation  or  the  expiration  of  its  term  of  ex- 
istence. 

SEC.  6.  Directors  may  be  removed  from  office  by  a  vote  of  stock- 
holders holding  two-thirds  of  the  subscribed  capital  stock,  at  a  general 


28 


RAILROAD    LAWS    OF    NEW    MEXICO. 


meeting  held  after  previous  notice  of  the  time  and  place  and  of  the 
intention  to  propose  such  removal.  Meetings  of  stockholders  for  this 
purpose  may  be  called  by  the  president  or  by  a  majority  of  the  direct- 
ors, or  by  stockholders  holding  at  least  one-half  of  the  subscribed  capital 
stock.  Such  calls  must  be  in  writing  and  addressed  to  the  secretary 
who  must  thereupon  give  notice  of  the  time,  place  and  object  of  the 
meeting,  and  by' whose  order  it  is  called.  If  the  secretary  refuse  to 
give  such  notice,  or  if  there  be  no  secretary,  the  call  may  be  addressed 
directly  to  the  stockholders,  and  be  served  as  a  notice,  in  which  case  it 
must  specify  the  time  and  place  of  meeting.  The  notice  must  be  given 
in  the  manner  prescribed  in  the  by-laws.  If,  however,  no  provision 
has  been  made  in  the  by-laws,  then  it  shall  be  served  in  the  manner 
prescribed  in  section  i,  chapter  2  of  this  act.  In  case  of  removal,  the 
vacancy  may  be  immediately  filled  by  election  at  the  same  meeting. 

SEC.  7-  Whenever,  from  any  cause,  there  is  no  person  authorized  to 
call  or  preside  at  a  meeting  of  the  stockholders,  any  justice  of  the  peace 
of  the  county  where  the  principal  place  of  business  of  the  corporation 
is  established,  may,  on  written  application  of  three  or  more  of  the 
stockholders,  issue  a  warrant  to  one  of  the  stockholders  directing  him 
to  call  a  meeting  of  the  stockholders,  by  giving  the  notice  required  in 
other  cases  ;  and  said  justice  may  in  the  same  warrant  direct  such 
stockholder  to  preside  at  such  meeting  until  a  clerk  is  chosen  an'd 
qualified,  if  there  is  no  other  officer  present  legally  authorized  to  pre- 
side thereat. 

SEC.  8.  At  all  meetings  of  the  stockholders  for  any  purpose,  a  ma- 
jority of  the  subscribed  capital  stock  must  be  represented  by  the  holders 
thereof,  in  person  or  by  proxy,  in  writing.  Every  person  acting  there- 
at, in  person,  or  by  proxy,  or  by  representative,  must  be  a  bona  Jide 
stockholder,  having  stock  in  his  own  name  on  the  stock  books  of  the 
corporation,  at  least  ten  days  prior  to  the  meeting.  Any  election  or 
vote  had  other  than  in  accordance  with  the  provisions  of  this  chapter 
shall  be  voidable  at  the  instance  of  absent  stockholders,  and  may  be 
set  aside  upon  petition  to  the  District  Court  for  the  county  where  the 
same  was  had.  Any  regular  or  called  meeting  of  the  stockholders 
may  be  adjourned  from  day  to  day,  or  from  time  to  time,  if  for  any 
cause  there  are  not  present  stockholders  representing  a  majority  of  the 
subscribed  stock,  or  no  election  or  majority  vote  had.  Such  adjourn- 
ments, and  the  reasons  therefor  shall  be  noted  in  the  minutes  of  the 
proceedings  of  the  meeting,  which  shall  be  recorded  in  the  journal  of 
proceedings  of  the  board  of  directors. 

SEC.  9.    Shares  of  stock  belonging  to  the  estate  of  a  minor  or  insane 


RAILROAD    LAWS    OF   NEW   MEXICO.  2C> 

person,  may  be  represented  at  all  meetings  of  the  stockholders  by  his 
guardian  ;  and  of  a  deceased  person,  by  his  executor  or  administrator. 

SEC.  10.  If  from  any  cause  an  election  does  not  take  place  on  the 
day  appointed  in  the  by-laws,  or  if  no  day  be  appointed  in  the  by-laws, 
then  on  the  day  appointed  in  section  two  of  this  chapter,  it  may  be 
held  on  any  day  thereafter  as  is  provided  for  in  such  by  laws,  or  to 
which  such  election  may  be  adjourned  or  ordered  by  the  directors.  If 
an  election  has  not  been  held  at  the  appointed  time,  and  no  adjourned 
or  other  meeting  for  the  purpose  has  been  ordered  by  the  directors  a 
meeting  may  be  called  by  the  stockholders,  as  provided  in  section  six 
of  this  chapter. 

SEC.  ii.  Upon  the  application  of  any  person  or  body  corporate 
aggrieved  by  any  election  held  by  any  corporation  formed  under  this 
act,  or  any  proceedings  thereof,  the  District  Judge  of  the  district  in 
which  such  election  has  been  held  must  proceed  forthwith  summarily 
to  hear  the  allegations  and  proofs  of  the  parties,  or  otherwise,  inquire 
into  the  matters  complained  of;  and  thereupon  confirm  the  election, 
order  a  new  one,  or  direct  such  other  relief  in  the  premises  as  accords 
with  right  and  justice.  Before  any  proceedings  are  had  under  this 
section,  five  days'  notice  thereof  must  be  given  to  the  adverse  party,  or 
those  to  be  affected  thereby. 

SEC.  12.  Any  officer  of  a  corporation  formed  under  this  act  who 
wilfully  gives  a  certificate,  or  wilfully  makes  an  official  report,  or  gives 
public  notice,  or  makes  an  entry  in  any  of  the  records  or  books  of  the 
corporation  concerning  the  corporation  or  its  business,  which  is  false 
in  any  material  representation,  shall  be  liable  for  all  the  damages  re- 
sulting therefrom  to  any  person  injured  thereby  ;  and  if  two  or  more 
officers  unite  or  participate  in  the  commission  of  any  of  the  acts 
herein  designated,  they  shall  be  jointly  and  severally  liable  for  such 
damages. 

SEC.  13.  When  all  the  stockholders  are  present  at  any  meeting,  how- 
ever called  or  notified,  and  sign  a  written  consent  thereto  on  the  record 
of  such  meeting,  the  doings  of  such  meeting  shall  be  as  valid  as  if  had 
at  a  meeting  otherwise  legally  called  and  noticed. 

SEC.  14.  The  stockholders,  when  assembled,  as  provided  in  the  last 
section,  may  elect  officers  to  fill  all  vacancies  then  existing,  and  may 
act  upon  such  other  business  as  may  lawfully  be  transacted  at  regular 
meetings  of  the  stockholders. 

SEC.  15.  The  meetings  of  stockholders  and  board  of  directors 
must  be  held  at  the  office  or  principal  place  of  business  of  the  corpo- 
ration. 


30  RAILROAD    LAWS    OF    NEW    MEXICO. 

SEC.  16.  When  no  provision  is  made  in  the  by-laws  for  regular 
meetings  of  the  directors  and  the  mode  of  calling  special  meetings,  all 
meetings  of  the  directors  must  be  called  by  special  notice  in  writing,  to 
be  given  to  each  director  by  the  secretary,  on  the  order  of  the  presi- 
dent, or  if  there  be  no  president,  on  the  order  of  any  two  directors. 
Such  orders  and  notice  shall  be  recorded  in  the  journal  of  the  proceed- 
ings of  the  board  of  directors. 

SEC.  17.  Every  corporation  formed  under  this  act,  may  change  its 
principal  place  of  business  from  one  place  to  another  in  the  same  county, 
or  from  one  city  or  county  to  another  city  or  county  within  this  Territ- 
ory. Before  such  change  is  made,  the  assent,  in  writing,  of  the  holders 
of  two-thirds  of  the  subscribed  capital  stock  must  be  obtained  and  filed 
in  the  office  of  the  secretary  of  the  corporation.  When  such  consent  is 
obtained  and  filed,  notice  of  the  intended  removal  or  change  must  be 
published  at  least  once  a  week  for  three  successive  weeks,  in  some 
newspaper  published  in  the  county  wherein  said  principal  place  of 
business  is  situated,  if  there  is  one  published  therein  ;  if  not,  in  a  news- 
paper published  in  an  adjoining  county,  giving  the  name  of  the  county 
or  city,  or  town  where  it  is  situated,  and  that  to  which  it  is  intended 
to  remove  it. 

SEC.  1 8.  The  directors  must  cause  a  book  to  be  kept  by  the  secre- 
tary to  be  called  "  Record  of  Corporation  Debts,"  in  which  the  secre- 
tary shall  record  all  written  contracts  of  the  directors,  and  a  succinct 
statement  of  the  debts  of  the  corporation,  the  amount  thereof  and  to 
whom  contracted,  which  book  shall  at  all  times  be  open  to  inspection 
by  any  stockholder  or  other  party  in  interest.  When  any  contract  or 
debt  shall  be  paid  or  discharged,  the  secretary  shall  make  a  memoran- 
dum thereof  in  the  margin,  or  in  some  other  convenient  place  in  the 
record  where  the  same  is  recorded.  They  must  also  cause  a  complete 
record  to  be  kept  by  the  secretary  of  the  proceedings  of  all  meetings  of 
the  board  of  directors  and  of  the  stockholders,  in  a  book  provided  spe- 
cially for  that  purpose.  Such  record  must  show  the  name  of  each 
director  present  at  the  opening  of  each  meeting  of  the  board,  and  at 
what  stage  of  the  proceedings  any  director  not  present  at  the  opening 
appeared,  and  also  at  what  stage  of  the  proceedings  any  director  may 
absent  himself  on  leave  or  otherwise.  The  record  must  also  show  the 
name  of  each  director  voting  against  any  proposition,  whenever  any 
director  may  require  the  same  to  be  placed  upon  the  record.  Prior  to 
the  adjournment  of  each  meeting  of  the  board  or  of  the  stockholders, 
as  the  case  may  be,  the  record  of  the  proceedings  of  such  meeting 
must  be  read  and  approved.  The  directors  must  also  cause  such  other 


RAILROAD    LAWS    OF    NEW    MEXICO.  3! 

books  to  be  kept  by  the  secretary  as  may  be  deemed  necessary,  or 
prescribed  by  the  directors,  in  which  all  the  business  transactions  of 
the  corporation  must  be  plainly  and  accurately  entered  and  kept ;  also 
a  book  to  be  labeled  "  Book  of  Stockholders,"  which  shall  contain  the 
names  of  all  persons,  alphabetically  arranged,  who  are,  or  shall  have 
been,  stockholders  of  the  corporation,  showing  their  places  of  resi- 
dence, if  known,  the  number  of  shares  of  stock  held  by  them  respect- 
ively, the  time  when  they,  respectively,  became  the  owners  of  such 
shares,  the  amount  of  cash  actually  paid  to  the  company  by  them  re- 
spectively for  their  stock ;  and  also  the  time  when  they  may  have 
ceased  to  be  stockholders.  Said  "  Book  of  Stockholders,"  during  the 
office  hours  of  the  secretary,  shall  be  open  to  the  inspection  of  stock- 
holders and  creditors  of  the  corporation  and  their  personal  representa- 
tives. The  directors  must  also  cause  to  be  kept  by  the  secretary  a 
book  to  be  labeled  "  Transfer  Book,"  in  which  all  transfers  of  stock 
must  be  entered.  Said  "  Transfer  Book"  shall  be  received  in  all  courts 
and  places  as  prima  facie  evidence  of  the  facts  therein  stated. 


[TITLE.]     Chapter  IV. 

CORPORATE    STOCK. 

Section   i.  Shares  of  stock,  personal  property,  and  how  and  when  may 

be  transferred. 

"       2.  Issues  of  certificates  of  stock. 
"       3.   Shares  held  by  married  women. 
u       4.   Shares  of  stock  held  by  non-residents. 

SECTION  i.  Shares  of  the  capital  stock  of  any  corporation  formed 
under  this  act  shall  be  personal  property,  and  may  be  transferred  by 
endorsement,  by  the  signature  of  the  proprietor,  or  his  attorney  or 
legal  representative  and  delivery  of  the  certificate ;  but  such  transfer 
shall  not  be  valid,  except  between  the  parties  thereto,  until  the  same 
shall  have  been  entered  upon  the  "  Transfer  Book"  of  the  corporation 
so  as  to  show  the  names  of  the  parties  by  and  to  whom  transferred,  the 
number  or  designation  of  the  shares  and  the  date  of  transfer.  Provided 


32  RAILROAD    LAWS    OF    NEW    MEXICO. 

no  stock  shall  be  transferred  upon  the  "  Transfer  Book"  of  the  corpo- 
ration until  all  previous  assessments  thereon  shall  have  been  fully  paid 
in,  nor  shall  any  such  transfer  be  valid  except  as  between  the  parties 
thereto,  unless  at  least  twenty  per  cent,  shall  have  been  paid  thereon, 
and  certificates  issued  therefor,  and  the  transfer  approved  by  the  Board 
of  Directors,  except  by  consent  of  the  Board  of  Directors. 

SEC.  2.  Certificates  for  stock,  when  fully  paid  up,  signed  by  the 
president  and  secretary,  shall  be  issued  to  the  owners  thereof,  and  pro- 
vision may  be  made  in  the  by-laws  for  issuing  certificates  prior  to  full 
payment,  under  such  restrictions,  and  for  such  purposes,  as  the  by- 
laws may  provide. 

SEC.  3.  Shares  of  stock  held  or  owned  by  a  married  woman  may 
be  transferred  by  her,  her  agent,  or  attorney,  without  the  signature  of 
her  husbaand,  in  the  same  manner  as  if  such  married  woman  were  a 
femme  sole.  All  dividends  payable  upon  any  shares  of  stock  held  by 
a  married  woman  may  be  paid  to  such  married  woman,  her  agent  or 
attorney,  in  the  same  manner  as  if  she  were  unmarried,  and  it  shall 
not  be  necessary  for  her  husband  to  join  in  any  receipt  therefor,  and 
any  proxy  or  power  given  by  a  married  woman  touching  any  stock 
owned  by  her,  shall  be  valid  and  binding  without  the  signature  of  her 
husband,  the  same  as  if  she  were  unmarried. 

SEC.  4.  When  shares  of  stock  are  owned  by  persons  residing  out  of 
the  Territory,  the  president,  secretaay  or  directors  of  the  corporation,, 
before  entering  any  transfer  thereof  on  the  books,  or  issuing  a  certifi- 
cate therefor  to  the  transferee,  may  require  from  the  attorney  or  agent 
of  the  non-resident  owner,  or  from  the  person  claiming  under  the  trans- 
fer, an  affidavit  or  other  evidence  that  the  non-resident  owner  was  alive 
at  the  date  of  the  transfer,' and  that  his  signature  to  the  transfer  is  genu- 
ine ;  and  if  such  affidavit  or  other  satisfactory  evidence  be  not  fur- 
nished, may  require  from  the  attorney,  agent  or  claimant,  a  bond  of 
indemnity  with  two  sureties,  satisfactory  to  the  board  of  directors  ;  or 
if  not  so  satisfactory,  then  one  approved  by  a  district  or  county  judge, 
of  the  county  in  which  the  principal  office  of  the  corporation  is  situated, 
conditioned  to  protect  and  indemnify  the  corporation  against  any  liabil- 
ity to  the  non-resident  owner  or  his  or  her  legal  representatives,  in  case 
of  his  or  her  death  before  the  transfer,  and  if  such  affidavit  or  other 
evidence,  or  bond,  be  not  furnished  when  required  as  herein  provided, 
neither  the  corporation,  nor  any  officer  thereof,  shall  be  liable  for  re- 
fusing to  enter  the  transfer  on  the  books  of  the  corporation. 


RAILROAD    LAWS    OF    NEW    MEXICO.  33 

[TITLE.]     Chapter  V. 

ASSESSMENTS. 

Section   i.  When  and  how  made,  notices,  default  in  payment,  sale. 
"        2.  Retrictions. 

"        3.  Sale  on  default,  to  be  entered  in  transfer  book. 
u     4-5.  No  purchaser,  corporation  to  buy.     How  held. 

6.  Extension  of  notice  of  sale. 

7.  Re  publication  of  notice  in  event  of  irregularity. 

8.  Action  to  recover.     Defective  assessments,  not   good   un- 

less, etc.,  etc. 

9.  Publication  of  notice  and  proof  of  publication. 

SECTION  i.  'The  directors  may  call  in  and  demand  from  the  stock- 
holders the  sums  by  them  subscribed,  in  installments  of  not  more  than 
ten  per  cent  per  month  :  Provided,  that  if  the  whole  capital  stock 
has  not  been  paid  in,  and  the  corporation  is  unable  to  meet  its  liabili- 
ties, or  to  satisfy  the  claims  of  its  creditors,  the  assessment  may  be  for 
the  full  amount  unpaid ;  or  if  a  less  amount  is  sufficient,  then  it  may 
be  for  such  a  per  centage  as  will  raise  that  amount.  Notice  of  each 
assessment  shall  be  given  to  the  stockholders  personally  or  shall  be 
published  once  a  week  for  at  least  four  weeks  in  a  newspaper  pub- 
lished at  the  place  designated  as  the  principal  place  of  business  of  the 
corporation,  or  if  none  be  published  there  in  some  newspaper  nearest 
to  such  place,  which  notice  shall  be  substantially  in  the  following 
form  : 

"  Notice  is  hereby  given  that  an  assessment  of dollars  per 

share  on  the  capital  stock  of corporation  is  due  and  payable 

at  the  office  of  the  corporation  in (and  at  such  other  places 

as  the  directors  may  designate,  naming  them,)  within  thirty  days  from 
date.  All  stockholders  are  requested  to  make  payment  on  or  before 
that  time,  or  such  assessments  will  be  promptly  collected  in  the  man- 
ner prescribed  by  law,  and  the  by-laws  of  said  corporation. 

(Signed)  ,  Secretary." 

If  after  such  notice  shall  have  been  given,  any  stockholder  shall  make 
default  in  the  payment  of  the  assessment  upon  the  shares  held  by  him, 
the  same  may  be  collected  by  suit  in  any  court  of  competent  jurisdic- 
tion, in  the  name  of  the  corporation ;  or  so  many  of  such  shares  may 
be  sold  as  may  be  necessary  for  the  payment  of  the  assessment  on  all 


34  RAILROAD    LAWS    OF    NEW    MEXICO. 

the  shares  held  by  him.  The  sale  of  said  shares  shall  be  made  as  pre- 
scribed in  the  by-laws  of  the  corporation  :  Provided,  that  no  sale  shall 
be  made  except  at  public  auction,  to  the  highest  bidder  ;  and,  at  such 
sale,  the  person  who  will  agree  to  pay  the  assessment  so  due,  together 
with  the  expenses  of  advertisement  and  all  other  expenses  of  the  sale 
for  the  smallest  number  of  whole  shares,  shall  be  deemed  to  be  the 
highest  bidder.  All  stock  shall  be  liable  to  such  sale,  and  all  stock- 
holders, shall  be  liable  to  recovery  by  action  at  law,  as  aforesaid. 

SEC.  2.  No  assessment  shall  be  levied  while  any  portion  of  a  pre- 
vious one  remains  unpaid,  unless — 

i st.  The  power  of  the  corporation  has  been  exercised  in  accordance 
-with  the  provisions  of  this  chapter,  for  the  purpose  of  collecting  such 
previous  assessment. 

sd.  The  collection  of  the  previous  assessment  has  been  enjoined  ; 
Or— 

3d.  The  assessment  falls  within  the  first  proviso  contained  in  sec- 
tion i  of  this  chapter. 

SEC.  3.  All  shares  sold  for  assessments  as  provided  in  section  i  of 
this  chapter,  shall  be  transferred  to  the  purchaser  on  the  "  Transfer 
Book"  of  the  corporation  on  payment  of  the  assessment  and  costs. 

SEC.  4.  If,  at  a  sale,  no  bidder  offers  the  amount  of  the  assessments, 
costs  and  charges  due,  the  stock  may  be  bid  in  and  purchased  by  the 
corporation,  through  the  secretary,  president  or  any  director  thereof,  at 
the  amount  of  the  ass3ssments.  costs  and  changes  due  ;  and  the  amount 
of  the  assessments,  costs  and  charges  shall  be  credited  as  paid  in  full 
on  the  books  of  the  corporation  and  an  entry  of  the  transfer  of  the  stock 
to  the  corporation  must  be  made  on  the  "  Transfer  Book"  thereof. 
While  the  stock  remains  the  property  of  the  corporation,  it  shall  not 
be  assessable  nor  shall  any  dividends  be  declared  thereon  ;  but  all  as- 
sessments and  dividends  shall  be  apportioned  upon  the  stock  held  by 
the  stockholders  of  the  corporation. 

SEC.  5.  All  purchases  of  its  own  stock  made  by  any  corporation  as 
provided  in  the  last  section  shall  vest  the  legal  title  to  the  same  in  the 
corporation  ;  and  the  stock  so  purchased  shall  be  held  subject  to  the 
control  of  the  stockholders,  who  may  make  such  disposition  of  the 
same  as  they  may  deem  proper,  in  accordance  with  the  by-laws  of  the 
corporation,  or  by  vote  of  the  stockholders  representing  a  majority  of 
all  the  remaining  shares.  Whenever  any  portion  of  the  capital  stock 
of  a  corporation  is  held  by  the  corporation  by  purchase  as  aforesaid,  a 
majority  of  the  remaining  shares  shall  be  a  majority  of  the  stock  for 


RAILROAD    LAWS    OF    NEW    MEXICO.  35 

all  purposes  of  election,  or  voting  on  any  question  at  the  meeting  of 
the  stockholders. 

SEC.  6.  The  dates  fixed  in  any  notice  of  assessment,  or  notice  of 
delinquent  sale  may  be  extended  from  time  to  time  for  not  more  than 
thirty  days,  by  order  of  the  directors  entered  in  the  journal  of  their  pro- 
v  ceedings ;  but  no  order  extending  the  time  for  the  performance  of  any 
act  specified  in  any  notice  shall  be  effectual  unless  notice  of  such  exten- 
sion or  postponement  is  appended  to  and  published  with  the  notice  to 
which  the  order  relates. 

SEC.  7.  No  assessment  shall  be  invalidated  by  a  failure  to  make 
publication  of  the  notice  thereof  hereinbefore  provided  for,  or  jfa  any 
notice  required  by  the  by-laws  of  the  corporation,  nor  by  the  non-per- 
formance of  any  act  required  in  order  to  enforce  the  payment  of  the 
same;  but  in  case  of  any  substantial  error  or  omission  in  the  course 
of  proceedings  for  collection,  all  previous  proceedings  except  the  levy- 
ing of  the  assessment  shall  be  void  and  publication  shall  be  begun 
anew. 

SEC.  8.  No  action  shall  be  sustained  to  recover  stock  sold  for  delin- 
quent assessments,  upon  the  ground  of  irregularity  in  the  assessments, 
irregularity  or  defect  in  the  notice  of  sale,  or  in  the  sale,  unless  the 
party  seeking  to  maintain  such  action  first  pays  or  tenders  to  the  cor- 
poration or  the  party  holding  the  stock  sold,  as  the  case  may  be,  the 
sum  for  which  the  same  was' sold,  together  with  all  subsequent  assess- 
ments which  may  have  been  paid  thereon,  and  interest  on  such  sums 
from  the  time  they  were  paid  ;  and  no  such  action  shall  be  sustained 
unless  the  same  shall  be  commenced  by  the  filing  of  a  complaint  and 
the  issuing  of  a  summons  thereon  within  six  months  after  such  sale 
shall  have  been  made. 

SEC.  9.  The  publication  of  notices  required  by  this  chapter  or  by 
the  by-laws  of  the  corporation  may  be  proved  by  the  affidavit  of  the 
printer,  foreman  or  principal  clerk  of  the  newspaper  in  which  the  same 
shall  have  been  published ;  and  the  affidavit  of  the  secretary  or  auc- 
tioneer shall  be  prima  facie  evidence  of  the  time  and  place  of  sale,  of 
the  quantity  and  particular  description  of  the  stock  sold,  and  to  whom 
and  for  what  price,  and  of  the  fact  of  the  purchase  money  being  paid. 
The  affidavits  must  be  filed  in  the  office  of  the  corporation,  and  copies 
of  the  same,  certified  by  the  secretary  under  the  corporate  seal,  shall 
be  prima  facie  evidence  of  the  facts  therein  stated  in  all  courts  and 
•other  places. 


36  RAILROAD    LAWS    OF    NEW    MEXICO. 

[TITLE.]     Chapter  VI. 

CORPORATE    POWERS. 

Section   i.  Defined. 

"•  2.  Additional  powers.  ist.  Routes  and  Surveys.  2-3.  To- 
take,  hold  and  convey  donations  for  use  in  business.  4th. 
May  occupy  land  and  take  material,  5th.  May  construct 
railway  along  streams,  highways,  etc.,  etc.  6th.  Cross, 
intersect  and  join  other  railroads.  ytn-  Take  private 
property  necessary.  8th.  Transport  persons  and  prop- 
erty, erect  necessary  buildings  and  other  acccessaries.  9th. 
Take  and  possess  water.  loth.  Regulate  time  and  rates 
of  transportation.  Limitation,  extra  hazardous  goods, 
nth.  Speed,  and  rules  governing  employees.  I2th.  Vio- 
lation of  rules  and  expulsion  from  cars.  I3th.  Negotiate 
loans  and  give  bonds  and  mortgages.  14-15.  To  lease 
and  grant  leases  of  railways.  Telegraph  lines.  i6th. 
To  change  line  of  road.  lyth.  To  increase  or  diminish 
capital  stock.  iSth.  To  consolidate  with  other  lines,  and 
what  articles  of  incorporation  and  consolidation,  shall  set 
forth.  19th.  Additional  and  general. 

3.  Property  of  infants,  idiots  or  insane  necessary,     How  ac- 
quired. 

SECTION  i.    Every  corporation  formed  under  this  act  as  such  shall 
have  power : 

1.  Of  succession  by  its  corporate  name  for  the  period  limited  in  its 
articles  of  incorporation. 

2.  To  sue  and  be  sued  in  any  court. 

3.  To  make  and  use  a  common  seal,  and  alter  the  same  at  pleasure. 

4.  To  acquire,  purchase,  hold   and   convey  such  real  and  personal 
estate  as  the  purposes  of  the  corporation  may  require. 

5.  To  appoint  such  subordinate  officers  or  agents  as  the  business 
of  the  corporation  may  require,  and  to  allow  them  suitable  compen- 
sation. 

6.  To  make  by-laws  not  inconsistent  with  any  existing  law,  for  the 
management  of  its  business  and  property,  the  regulation  of  its  affairs, 
and  for  the  transfer  of  its  stock. 

7.  To  admit  stockholders  and  to  sell  their  stock  or  shares  for  the  pay- 
ment of  assessments  or  instalments. 


RAILROAD    LAWS    OF   NEW    MEXICO.  37 

8.  To  construct,  maintain  and  operate  telegraph  lines  in  connection 
with  its  railroad  branches. 

9.  To  enter  into  any  obligations  or  contracts  necessary  or  convenient 
to  the  transaction  of  its  ordinary  affairs,  or  for  carrying  out  the  purposes 
of  the  corporation  ;  and  generally,  such  corporation  shall  have,  and 
possess,  for  the  purpose  of  constructing,  maintaining  and  operating  its 
railroads  and  telegraph  lines,  and  carrying  on  its  business,  all  the  rights, 
powers  and  privileges  which  are  enjoyed  by  natural  persons. 

SEC.  2.    In  addition  to  the  foregoing,  every  corporation  formed  under 
this  act  shall  have  the  following  powers  : 

1.  To  cause  such  examinations  and  surveys  to  be  made  as  may  be 
necessary  to  the  selection  of  the  most  suitable  routes  for  its  railroad 
and  telegraph  lines,  and  for  that  purpose,  by  its  officers  and  agents,  to 
enter  upon  the  lands  and  waters  of  the  Territory,  of  private  persons, 
and  of  private  and  public  corporations,  subject,  however,  to  responsi- 
bility for  all  damages  which  it  may  do  thereto. 

2.  To  take,  hold  and  convey,  by  deed  or  otherwise,  the  same  as  a 
natural  person,  such  voluntary  grants  and  donations  of  real  and  per- 
sonal property  as  may  be  made  to  aid  the  construction  and  mainten- 
ance, and  to  provide  for  the  accommodation  of  its  railroad  and  telegraph 
.lines,  or  either  thereof. 

3.  To  purchase,  and,  by  voluntary  grants  and  donations,  to  receive 
and  take,  and  by  its  officers,  engineers,  surveyors  and  agents,  to  enter 
upon,  possess,  hold  and  use  in  any  manner  it  may  deem   proper,  all 
such  lands   and  other   property  as  its   directors  may  deem  necessary, 
proper  and  convenient,  for  the  construction,  maintenance  and  opera- 
tion of  its  railroad  and  telegraph  lines,  or  either  thereof,  and  for  the 
erection  of  stations,  depots,  water  tanks,  side  tracks,  turnouts,  turn- 
tables, yards,    workshops,  warehouses,   and   for    all    other    purposes 
necessary  or  convenient  to  said  corporation  in  the  transaction  of  its 
business. 

4.  To  lay  out  its  railroad  and  branches,  not  exceeding  two  hundred 
feet  wide,  and  to  construct  and   maintain  the  same,  with  a  single  or 
double  track,  with  such  appendages  as  its  directors  may  deem  neces- 
sary for  the  convenient  use  thereof.     For  the  purposes  of  making  em- 
bankments, excavations,  ditches,  drains,  culverts  and  the  like,  and  of 
procuring  timber,  stone,  gravel  and  other  materials  for  the  proper  con- 
struction and  security  of  its  railroad  and  branches,  such  corporation 
may  take  and  occupy  as  much  more  land   as  its  directors  may  deem 
necessary  or  convenient  for  the  purposes  aforesaid. 

5.  To  construct  its  railroads  and  telegraphs  across,  along  or  upon 


3$  RAILROAD    LAWS    OF   NEW    MEXICO. 

any  stream  of  water,  water-course,  street,  avenue  or  highway,  or  across 
any  railway,  canal,  ditch  or  flume  which  its  railway  and  telegraph,  or 
either  thereof,  shall  intersect,  cross  or  run  along  ;  but  such  corporation 
shall  restore  such  stream,  water-courses,  streets,  avenues,  highways, 
railways,  canals,  ditches  and  flumes,  so  intersected,  to  their  former 
State,  as  near  as  may  be,  so  as  not  to  unnecessarily  impair  their  use  or 
injure  their  franchises :  and  wherever  its  road  shall  cross  a  navigable 
stream  or  body  of  water,  the  bridge  shall  be  constructed  with  a  drawv 
if  a  draw  be  necessary  to  avoid  obstructing  the  navigation  of  such 
stream  or  body  of  water. 

6.  To  cross,  intersect,  join  and  unite  its  railroad  with  any  other  rail- 
roads that  have  been  heretofore  constructed,  or  that  may  be  hereafter 
constructed,  at  any  point  or   points  on  the  routes  thereof,  and  upon 
the  grounds  of  such  other  railroad  companies,  with  the  necessary  turn- 
outs, sidings  and  switches  and  such  other  conveniences  and  appliances 
as  may  be  necessary  to  make  and  complete  said  crossings,  intersections 
and  connections ;  and  such  other  railroad  companies  shall  unite  with 
the  directors  of  such  corporation  in  making  said  crossings,  intersections 
and  connections,  and  shall  grant  the  facilities  therefor  upon  snch  terms 
and  conditions  as  may  be  agreed  upon  between  them  ;  but  if  they  are 
unable  to  agree  upon  the  compensation  to  be  made  therefor,  or  the 
points  at  which,  or  the  manner  in  which  such  crossings,  intersections 
and  connections  shall  be  made,  the  same  shall  be  ascertained,  deter- 
mined and  declared  in  the  manner  and  by  the  proceedings  hereinafter 
provided,  for  the  taking  of  private  propeity  for  the  use  of  such  corpo- 
ration. 

7.  To   purchase   or  take   by  donation  or  otherwise,  lands,  timber, 
Stone,  gravel  and  other  materials  to  be  used  in  the  construction  and 
maintenance  of  its  railroads  and  telegraphs,  or  either  thereof;  and  if 
the  same  cannot  be  obtained  by  agreement  with  the  owners  thereof,  to 
take  the  same  by  the  proceedings  and  in  the  manner  hereinafter  pro- 
vided for  the  taking  of  private  property  for  the  use  of  such  corpora- 
tion. 

8.  To  take,  transport,  carry  and  convey  persons  and  property  on  its 
railroads,  by  the  force  and  power  of  steam,  of  animals,  or  any  other 
mechanical  power,  or  by  any  combination  thereof,  and  to  collect  and 
receive  tolls  as  compensation  therefor. 

9.  To  erect  and    maintain   all  necessary  and  convenient  buildings* 
stations,  depots,  watering-places,  Fixtures  and  machinery  for  the  accom- 
modation of  its  passengers,  freight  and  business,  and  to  obtain  and  hold,. 


RAILROAD    LAWS    OF    NEW    MEXICO.  39 

by  purchase,  donation  or  condemnation,  as  hereinafter  provided,  lands 
and  other  property  necessary  therefor. 

10.  To  take,  possess,  and  enjoy,  by  purchase,  donation  or  condemna- 
tion, as  hereinafter  provided,  such  natural  springs  and  streams  of  water, 
or  so  much   thereof  as  may  be  necessary  for  its  uses  and  purposes  in 
operating  its  railroads,  together  with  the  right  of  way  thereto  for  pipes, 
ditches,  canals  or  aqueducts  for  the  conveyance  thereof. 

1 1.  To  regulate  the  time  and  manner  in  which  passengers  and  prop- 
erty shall  be  transported  over  its  roads,  and  the  tolls  or  compensation 
to  be  paid  therefor :  Provided,  that  it  shall  be  unlawful  for  such  cor- 
poration to  charge  more  than  ten  cents   per  mile  for  each  passenger, 
and  fifteen  cents  per  mile  for  each  ton  of  2,000  pounds,  or  forty  cubic 
feet,  of  freight  transported  on  its  roads :  Provided  further,  that  in  no 
case  shall  such  corporation  be  required  to  receive  less  than  twenty-five 
cents  for  any  one  lot  of  freight  for  any  distance  :   Provided  further, 
that  such  corporation  shall  not  be  required  to  transport  domestic  ani- 
mals, nitro-gl}cerine  compounds,  gunpowder,  acids,  phosphorus  and 
other  explosive  or  destructive  or  combustihle  materials,  except  upon 
such  terms,  conditions  and  rates  of  freightage  as  its  board  of  directors 
may  from  time  to  time  prescribe  and  establish. 

12.  To  regulate  the  force  and  speed  of  its  locomotives,  cars,  trains 
or  other  machinery  used  on  its  roads,  and  to  establish,  execute  and 
enforce  all  needful  and  proper  rules  and  regulations  for  the  manage- 
ment of  its  trains,  the  conduct  of  its  business,  and  to  secure  the  safety, 
comfort  and  good  behavior  of  its  passengers  and  employees  and  agents. 
And  for  the  prevention  and  suppression  of  gambling  of  every  kind  and 
description  on  its  cars,  or  within  its  depots  or  station  grounds. 

13.  To  expel   from   its  cars  at  any  stopping  place,  using  no  more 
force  than  may  be  necessary,  any  passenger  who,  upon  demand,  shall 
refuse  to  pay  his  fare  ;  or  shall  behave  in  a  rude,  riotous  or  disorderly 
manner  toward  other  passengers,  or  the  employees  of  such  corporation 
in  charge  of  such  cars,  or,  upon  his  attention  being  called  thereto,  shall 
persist  in  violating  the  rules  of  the  corporation  against  gambling  upon 
its  cars. 

14.  To  borrow,  on  the  credit  of  the   corporation,  and  under   such 
regulations  and  restrictions  as  the  directors  thereof,  by  unanimous  con- 
currence may  impose,  such  sums  of  money  as   may  be   necessary  for 
constructing  and  equipping  its  railroad  and  telegraph  lines,  and  to  issue 
and  dispose  of  its  bonds  or  promissory  notes  therefor  in  denominations 
of  not  less  than  five  hundred  dollars,  an  1  at  a  rate  of  interest  not  ex- 
ceeding  ten   per  cent,  per   annum.     And   also   to   issue   its  bonds  or 


4°  RAILROAD    LAWS    OF    NEW    MEXICO. 

promissory  notes  of  the  same  denomination  and  rate  of  interest  in  pay- 
ment of  any  debts  or  contracts  for  constructing,  equipping  and  com- 
pleting its  railroad  and  telegraph  lines,  and  all  else  relating  thereto. 
The  amount  of  bonds  or  promissory  notes  issued  for  such  purposes 
shall  not  exceed  in  all  the  amount  of  its  capital  stock ;  and  to  secure 
the  payment  of  such  bonds  or  notes,  it  may  mortgage  its  corporate 
propertj  and  franchises. 

15.  To  lease  the  whole  or  any  portion  of  its  railroad  and  telegraph 
lines  to  any  other  corporation  formed  under  this  act,  or  to  any  corpora- 
tion formed  under  the  laws  of  any  other  state  or  territory,  with  the  road 
of  which,  its  road   may  connect  and  form  a  continuous  line  of  travel 
and  transportation  ;  or  to  grant  to  any  such  corporations  the  right  to 
use  in   common  with  it,  its  railroad   and  telegraph  lines,  or  any  part 
thereof.     In  making  such  leases  and  grants,  and  in  agreeing  upon,  and 
prescribing  the  terms  and  conditions  thereof,  and  the  amount  and  nature 
of  the  considerations  therefor,  such  corporation  shall  have  all  the  rights, 
powers,  capacities,  and  abilities  which  are  enjoyed  by  natural  persons. 

1 6.  To  take  leases  of  such  other  railroad  and  telegraph  lines  as  are 
mentioned  in  the  last  preceding  subdivision  of  this  section,  and  grants 
of  right  to  use  the  same  in  common,  and,  in  taking  and  receiving  such 
leases  and  grants,  to  have  and  enjoy  the  same  rights,  powers,  capaci- 
ties and  abilities  which  are  granted  in  said  last  preceding  subdivision 
of  this  section. 

17.  To  change  the  line  of  its  road,  in  whole  or  in  part,  whenever  a 
majority  of  its  directors  may  so  determine,  provided,  no  such  change 
shall  vary  the  general  route  of  such  road,  as  described  in  its  articles  of 
incorporation.     The  land  required  for  such  new  line  may  be  acquired 
by  contract  with  the  owners  thereof,  or  by  condemnation,  as  provided 
in  this  act,  as  in  the  case  of  the  original  line. 

18.  To  increase  or  diminish  its  capital  stock,  if  at  anv  time  it  shall 
appear  that  the  amount  thereof  as  fixed  in  its  articles  of  incorporation 
is  either  more  or  less  than  is  actually  required  for  constructing,  equip- 
ping, operating  and  maintaining  its  road  and   telegraph  lines.     Such 
increase  or   decrease  shall  not  be  made  except   by   a  vote  of  stock- 
holders representing  at  least  two-thirds  of  the  subscribed  capital  stock. 
A  certified  copy  of  the  proceedings  of  the  meeting,  and  its  action  in  the 
premises,  under  the  seal  of  the  corporation,  must  be  filed  in  the  office 
of  the  Secretary  of  this  Territory,  and  be  by  him  attached  to  the  arti- 
cles of  incorporation  on  file  in  his  office. 

19.  To  consolidate  with  one  or  more  corporations  formed  under  this 
act,  or  under  the  laws  of  any  other  state  or  territory,  its  capital  stock, 


RAILROAD    LAWS    OF    NEW    MEXICO.  41 

properties,  roads,  equipments,  adjuncts,  franchises,  claims,  demands, 
contracts,  agreements,  obligations,  debts,  liabilities  and  assets  of  every 
kind  and  description  upon  such  terms  and  in  such  manner  as  may  be 
agreed  upon  by  their  respective  boards  of  directors  ;  provided,  no  such 
consolidation  shall  take  effect  until  the  same  shall  have  been  ratified 
and  confirmed  in  writing  by  stockholders  of  the  respective  corporations 
representing  three  fourths  of  the  subscribed  capital  stock  of  tfcieir  re- 
spective corporations.  In  case  of  such  consolidation  "Articles  of  Incor- 
poration and  Consolidation"  must  be  prepared  setting  forth — 

ist.   The  name  of  the  new  corporation. 

3d.    The  purpose  for  which  it  is  formed. 

3d.    The  place  where  its  principal  business  is  to  be  transacted. 

4th.  -The  term  for  which  it  is  to  exist,  which  shall  not  exceed  fifty 
years. 

5th.  The  number  of  its  directors  (which  shall  not  be  less  than  five 
mor  more  than  eleven)  and  the  names  and  residences  of  the  persons 
appointed  to  act  as  such  until  their  successors  are  elected  and  quali- 
fied. 

6th.  The  amount  of  its  capital  stock  (which  shall  not  exceed  the 
amount  actually  required  for  the  purposes  of  the  new  corporation,  as 
estimated  by  competent  engineers,)  and  the  number  of  shares  into 
which  it  is  divided. 

yth.  The  amount  of  stock  actually  subscribed,  and  by  whom. 

8th.  The  termini  of  its  road  or  roads  and  branches. 

9th.  The  estimated  length  of  its  road  or  roads  and  branches. 

loth.  That  at  least  ten  per  cent,  of  its  subscribed  capital  stock  has 
been  paid  in. 

nth.  The  names  of  the  constituent  corporations  and  the  terms  and 
conditions  of  consolidation  in  full.  Said  articles  of  incorporation  and 
consolidation  must  be  signed  and  countersigned  by  the  presidents  and 
secretaries  of  the  several  constituent  corporations  and  sealed  with  their 
corporate  seals.  There  must  be  annexed  thereto  memoranda  of  the 
ratification  and  confirmation  thereof  by  the  stockholders  of  each  con- 
stituent corporation,  which  must  be  respectively  signed  by  stockholders 
representing  at  least  three-fourths  of  the  capital  stock  of  their  respect- 
ive corporations.  When  c  jmpleted  as  aforesaid,  saul  articles  must  be 
filed  in  the  office  of  the  Secretary  of  this  Territory,  and  thereupon  the 
constituent  corporations  named  therein  must  be  deemed  and  held  to 
have  become  extinct  in  all  courts  and  places,  and  said  new  corporation 
must  be  deemed  and  held  in  all  courts  and  places  to  have  succeeded  to 
all  their  several  capital  stocks,  properties,  roads,  equipments,  adjuncts, 


42  RAILROAD    LAWS    OF    NEW    MEXICO. 

franchises,  claims,  demands,  contracts,  agreements,  assets,  choses  and< 
rights  in  action  of  every  kind  and  description,  both  at  law  and  in 
equity,  and  to  be  entitled  to  possess,  enjoy  and  enforce  the  same  and 
every  thereof,  as  fully  and  completely  as  either  and  every  of  its  con- 
stituents might  have  done  had  no  consolidation  taken  place.  Said 
consolidated  or  new  corporation  must  also,  in  all  courts  and  places,  be 
deemed  and  held  to  have  become  subrogated  to  its  several  constituents 
and  each  thereof,  in  respect  to  all  their  contracts  and  agreements  with 
other  parties,  and  all  their  debts,  obligations  and  liabilities  of  every 
kind  and  nature,  to  any  persons,  corporations  or  bodies  politic,  whom- 
soever, or  whatsoever,  and  said  new  corporation  must  sue  and  be  sued 
in  its  own  name  in  any  and  every  case  in  which  any  or  either  of  its 
constituents  might  have  sued  or  might  have  been  sued,  at  law  or  in 
equity,  had  no  such  consolidation  been  made.  Such  consolidated  or 
new  corporation  shall  possess,  enjoy  and  exercise  all  its  franchises, 
properties,  powers,  privileges,  abilities,  rights  and  immunities  under 
the  provisions  of  this  act,  and  shall  conduct  its  business  according  to 
its  provisions,  and  be  subject  to  all  its  pains  and  penalties.  Nothing 
in  this  subdivision  contained  shall  be  construed  to  impair  the  obliga- 
tions of  any  contract  to  which  any  of  such  constituents  were  parties  at 
the  date  of  such  consolidation.  All  such  contracts  may  be  enforced  by 
action  or  suit,  as  the  case  may  be,  against  the  consolidated  corporation 
and  satisfaction  obtained  out  of  the  property  which,  at  the  date  of  the 
consolidation,  belonged  to  the  constituent  which  was  a  party  to  the 
contract  in  action  or  suit,  as  well  as  out  of  any  other  property  belong- 
ing to  the  consolidated  corporation. 

2oth.  Every  corporation  formed  under  this  act,  in  addition  to  the 
foregoing,  shall  have  such  further  powers  as  may  be  necessary  or  con- 
venient to  enable  it  to  exercise  and  enjoy,  fully  and  completely,  all  the 
powers  granted  by  this  act ;  and,  generally  all  such  powers  as  are 
usually  conferred  upon,  required  and  exercised  by  railroad  corpora- 
tions ;  and  in  the  exercise  of  its  powers  and  tvery  thereof,  shall  have 
and  enjoy  all  the  rights,  privileges,  abilities  and  capacities  which  are 
enjoyed  by  natural  peisons. 

SEC.  3.  If  it  shall  become  necessary  for  any  of  the  aforesaid  pur- 
poses of  such  corporation,  to  acquire  any  land,  or  any  right,  title, 
interest  or  estate  therein,  which  is  the  property  of  an  infant,  idiot  or 
insane  person,  the  guardian,  executor  or  administrator,  as  the  case 
may  be,  may  sell  and  convey  the  same  to  such  corporation  ;  but  such- 
sale  and  conveyance  shall  not  be  valid,  unless  approved  by  the  Probate 
Court,  or  the  judge  thereof,  within  whose  jurisdiction  such  land  shall 


RAILROAD    LAWS    OF    NEW    MEXICO.  4$ 

be  situated  ;  and  the  judge  of  such  court  is  hereby  authorized  to  ex- 
amine into  the  terms  and  conditions  of  such  sales  and  conveyances,, 
and  if  he  finds  them  to  be  just,  fair  and  proper,  he  shall  enter  his  ap- 
proval upon  the  records  of  said  court,  and  indorse  the  same  upon  such 
conveyances,  and,  thereupon,  such  conveyances  shall  have  the  same 
force  and  effect  as  conveyances  made  by  persons  competent  to  convey 
in  their  own  names.  Should  there  be  no  guardian,  executor  or  ad- 
ministrator competent  to  make  such  sale  and  conveyance,  it  shall  be 
the  duty  of  such  judge,  upon  the  petition  of  any  relative  or  friend  act- 
ing for  the  benefit  and  in  the  interest  of  such  infant,  idiot  or  insane 
person  to  appoint  a  guardian  for  the  purpose  of  making  such  sale  and 
conveyance,  who  shall  be  required  to  give  a  bond,  with  sureties  to  be 
approved  by  said  judge,  for  the  faithful  performance  of  his  trust.  For 
the  purpose  of  transacting  the  business  provided  for  in  this  section, 
said  court  shall  be  deemed  to  be  always  open,  and  a  complete  record 
of  its  proceedings  therein  shall  be  kept  as  in  other  cases. 


[TITLE.]     Chapter  VII. 

EMINENT    DOMAIV. 

Section   i.  Taking  private   property.      Appraisal   by   commissioners.. 
•  Award. 

SECTION  i.  In  all  cases  where,  by  this  act,  any  corporation  formed 
under  it  is  empowered  to  take  for  its  use  land,  water,  timber,  stone, 
gravel  or  other  materials,  and  the  owner  or  claimant  thereof  and  such 
corporation  shall  be  unable  to  agree  as  to  the  compensation  to  be  paid 
therefor,  the  amount  shall  be  ascertained  and  determined  by  the  ap- 
praisal of  three  disinterested  commissioners,  who  shall  be  appointed 
upon  the  application  of  either  party,  and  upon  five  days'  notice  to  the 
other  party,  by  the  judge  of  the  District  Court  in  and  for  the  district  in 
which  &uch  land,  water,  timber,  stone,  gravel  or  other  materials  shall 
be  situated  ;  and  said  commissioners,  in  their  assessment  of  compen- 
sation, shall  appraise  such  premises  or  property  at  what  would  have 
been  the  value  thereof,  if  the  road  for  which  the  same  shall  be  required 


44  RAILROAD    LAWS    OF    NEW    MEXICO. 

had  not  been  built ;  and  upon  return  into  court  of  such  appraisement, 
and  upon  payment  to  the  clerk  thereof  of  the  amount  so  awarded  by 
the  commissioners  for  the  use  and  benefit  of  the  owner  thereof,  the 
land,  water,  timber,  stone,  gravel  or  other  materials  so  appraised  shall 
be  deemed  to  be  taken  by  such  corporation,  which  shall  thereby  ac- 
quire full  title  to  the  same  for  the  uses  and  purposes  aforesaid ;  and 
either  party  feeling  aggrieved  by  said  assessment  may,  within  ten  days 
after  notice  of  the  return  thereof,  file  an  appeal  therefrom  to  said  court, 
and  demand  a  jury  of  twelve  men  to  estimate  the  compensation  to  be 
paid ;  but  such  appeal  shall  not  interfere  with  the  right  of  such  corpo- 
ration to  take  possession  of  such  property,  and  proceed  with  the  con- 
struction of  its  road  or  other  improvements.  The  party  so  appealing 
shall  give  bonds  with  sufficient  surety  or  sureties,  to  be  approved  by 
said  judge,  for  the  payment  of  all  costs  which  may  arise  upon  such 
appeal.  In  case  the  party  appealing  does  not  obtain  a  more  favorable 
verdict,  such  party  shall  pay  the  whole  cost  incurred  by  the  other 
party  as  well  as  his  own.  The  payment  into  court  for  the  use  of  the 
owner  or  claimant,  of  a  sum  equal  to  that  finally  awarded  shall  be 
held  to  vest  in  such  corporation  title  to  the  land,  water  or  other  prop- 
erty in  question,  and  the  right  to  occupy,  take  and  use  the  same  for 
any  of  the  purposes  aforesaid.  In  case  any  of  the  lands  or  other  prop- 
erty to  be  taken,  as  aforesaid,  shall  be  held  by  any  person  residing 
without  the  Territory,  or  subject  to  any  legal  disability,  the  court  may 
appoint  a  proper  person,  who  shall  give  bonds,  with  sufficient  surety 
or  sureties,  to  be  approved  by  the  judge,  for  the  faithful  execution  of 
his  trust,  and  such  person  may  represent  in  court  the  person  so  absent 
or  under  legal  disability,  as  aforesaid,  when  the  same  proceeding  as 
aforesaid,  shall  be  had  in  reference  to  the  appraisement  of  the  lands  or 
other  property  in  question,  and  with  the  same  effect.  The  title  of  such 
corporation  to  the  lands  or  other  property  taken  by  virtue  of  this  act, 
shall  not  be  affected  or  impaired  by  reason  of  the  failure  of  the  person 
so  appointed  to  faithfully  discharge  his  trust.  In  case  it  shall  be  neces- 
sary for  such  corporation  to  take  lands  or  other  property  which  are 
unoccupied,  and  of  which  there  is  no  apparent  owner  or  claimant,  it 
may  proceed  to  take  and  use  the  same  for  any  of  the  purposes  afore- 
said, and  may  institute  proceedings  in  the  manner  above  described  for 
the  purpose  of  acquiring  title  thereto,  and  determining  the  compensa- 
tion to  be  paid  therefor  ;  and  said  court  shall  prescribe  and  direct  the 
kind  of  notice  to  be  served  on  such  owner  or  owners,  and  may,  in  its 
discretion,  appoint  an  agent  or  guardian  to  represent  such  owner  or 
owners,  in  case  of  his  or  their  incapacity  or  non-appearance.  Such 


RAILROAD  LAWS  OF  NEW  MEXICO.  45 

owner  or  claimant  shall  be  entitled  to  receive  from  such  corporation 
the  compensation  so  awarded  upon  demand  made  at  any  time  within 
six  years  thereafter,  and  may  have  his  action  to  recover  the  same  ;  but 
after  the  lapse  of  six  years,  all  claim  for  such  compensation  shall  be 
barred.  Said  court  shall  be  always  open  for  the  transaction  of  the 
business  provided  for  in  this  section,  and  shall  transact  the  same  with 
all  reasonable  dispatch. 


[TITLE.]     Chapter  VIN. 

REGULATION    AND    MANAGEMENT. 

Section     i.  Bell  on  locorrotive  ;  alarms  at  street  crossings. 

2.  Checking  baggage.     Liens.     Damages. 

3.  Unclaimed  baggage.     Sale. 

4.  Publication  ;    time-table  ;    obligation  to  transport ;  excep- 

tion. 

5.  Liability  lor  refusal  or  neglect  to  transport. 

6.  Mail,  express,  baggage  and  freight  cars  in  rear  of  passen- 

ger coaches,  an  offence  ;  penalty. 

7.  When  not  liable  for  damage  to  the  person  of  passenger. 

8.  Burglary  of  cars  defined. 

9.  Obstructions  ;  felony  ;  penalty. 

"  10.  To  tunnel,  drift  or  excavate  land  of  company  unlawful ; 
damages. 

"       ii.  Obstructions  on  road-bed,  or  track  ;  nuisance;  penalty. 

"  12.  Employees  to  wear  a  badge  to  indicate  their  office  or  sta- 
tion. 

"       13.  Engineer  and  conductor;  intoxication;  misdemeanor;  fine. 

"       14.  Passenger  tickets  must  be  furnished. 

"       15.  Bills  of  ladingjmust  be  furnished. 

"  1 6.  Liability  for  freight  ceases  with  delivery  to  person  holding 
bill  of  lading. 

"  17.  May  require  the  surrender  of  the  bill  of  lading  or  demand 
indemnity. 


4  RAILROAD    LAWS    OF    NEW    MEXICO. 

Section  18.  May  demand  the  payment  ot  fares  and  property  in  advance  ; 

liability. 
"       19.  Map  and  profile  of  land  acquired,  etc.,  to  be  filed  with  the 

Secretary  of  the  Territory. 
"       20.  Fences. 

"       21.  No  fence  required  on  public  lands. 
"       22.  Annual  report  to  be  filed  with  Secretary  of  the  Territory ; 

what  it  shall  state. 
"       23-  Quality  of  rails.     Gauge. 
"       24.   Construction  to  commence  within  two  years. 

SECTEON  i.  Every  corporation  formed  under  this  act  shall  cause  a 
bell  of  at  least  twenty  pounds  weight  to  be  attached  to  each  of  its  loco- 
motives, and  shall  cause  the  same  to  be  rung  at  a  distance  of  not  less 
than  eighty  rods  from  the  crossing  of  any  public  street,  road  or  high- 
way, under  a  penalty  of  one  hundred  dollars,  to  be  recovered  by  action 
in  the  name  of  the  Territory,  in  any  court  of  competent  jurisdiction, 
one-half  of  which  shall  go  to  the  informer  and  the  other  half  of  which 
shall  go  to  the  Territory ;  and  such  corporation  shall  also  be  liable  for 
all  damages  which  may  be  sustained  by  any  person  by  reason  of  a  non- 
compliance  with  the  provisions  of  this  section. 

SEC.  2.  A  check  shall  be  affixed  to  every  package  or  parcel  of 
baggage  when  taken  for  transportation  by  such  corporation,  and  a 
•duplicate  thereof  shall  be  given  to  the  passenger  delivering  the  same 
for  transportation,  and,  if  such  check  be  refused  on  demand,  such  cor- 
poration shall  pay  to  such  passenger  the  sum  of  twenty  dollars,  to  be 
recovered  by  action  in  any  court  of  competent  jurisdiction ;  and,  in 
addition  to  the  foregoing,  no  fare  or  toll  shall  be  collected  from  such 
passenger  ;  and  if  such  passenger  shall  have  paid  his  or  her  fare,  he 
or  she  shall  be  entitled,  upon  demand,  to  a  return  thereof.  Upon  the 
production  of  such  check  at  his  or  her  place  of  destination,  such  pas- 
senger shall  be  entitled  to  receive  his  or  her  said  baggage,  and  if  the 
same  be  not  delivered  within  a  reasonable  time,  he  or  she  may  be  a 
witness  in  any  action  brought  on  account  of  such  non-delivery,  to 
prove  the  contents  and  value  thereof;  provided^  that  all  action  to  re- 
cover such  baggage,  or  the  value  thereof,  shall  be  barred  at  the  expira- 
tion of  three  months  after  the  same  shall  have  accrued. 

SEC.  3.  Every  corporation  formed  under  this  act  shall  safely  and 
securely  keep,  as  warehouseman,  all  unclaimed  baggage  for  the  space 
of  three  months,  at  the  expiration  of  which  time  it  may  sell  the  same, 
if  not  previously  called  for,  at  public  auction,  after  ten  days'  public 


RAILROAD    LAWS    OF    NEW    MEXICO.  47 

notice  by  publication  in  some  newspaper  ot  general  circulation ;  or  if 
there  be  no  such  paper  in  the  vicinity,  then  by  posting  written  or 
printed  notices  in  three  conspicuous  places  in  the  neighborhood  in 
which  such  sale  is  to  be  made.  For  the  purpose  of  making  such  sale, 
it  shall  be  lawful  to  open  each  trunk,  package  or  parcel,  and  make 
known  the  contents  thereof.  A  true  account  of  the  sale  shall  be  kept, 
showing  the  price  at  which  each  parcel  was  sold,  and  the  number 
thereof,  which  shall  be  the  same  as  the  number  stamped  upon  the 
check  thereto  attached ;  and  if  there  be  any  name,  initial  letters,  or 
other  marks  upon  such  parcel,  the  same  shall  also  be  noted  in  said 
account.  The  proceeds  of  such  sale  shall  be  paid,  less  the  expenses 
of  the  sale,  to  the  owner,  upon  demand,  and  proof  of  ownership,  at 
any  time  within  sixty  days  after  the  sale,  after  which  date  all  right  of 
action  therefor  shall  be  barred. 

SEC.  4.  Every  corporation  formed  under  this  act  shall  start  and  run 
its  cars  for  the  transportation  of  persons  and  property  at  such  regular 
times  as  it  shall  fix  by  public  notice,  and  shall  furnish  sufficient  accom- 
modations for  all  such  persons  and  property  as  shall,  within  a  reason- 
able time  previous  thereto,  offer  or  be  offered  for  transportation  at  the 
place  of  starting  and  the  junction  of  other  railroads  and  stopping-places 
established  for  taking  and  leaving  persons  and  property,  and  shall 
transport  between  such  places  all  such  persons  and  property  on  the 
payment  of  its  lawful  charges  therefor ;  provided,  such  corporation 
may  decline  to  receive  any  person  afflicted  with  any  contagious  dis- 
ease, or  otherwise  unfit  to  be  admitted  into  its  cars. 

SEC.  5.  In  case  any  corporation  formed  under  this  act  shall  refuse 
to  transport  persons  or  property  as  provided  in  section  four  of  this 
chapter,  or  to  leave  the  same  at  place  of  destination,  it  shall  pay  to  the 
party  aggrieved  all  damages  he  or  she  shall  sustain  thereby. 

SEC.  6.  It  shall  be  unlawful  for  any  corporation  formed  under  this 
act,  in  making  up  its  trains,  to  place  mail,  express,  baggage  or  freight 
cars  in  the  rear  of  passenger  cars ;  and  for  every  violation  of  this  pro- 
vision, the  officer  or  agent  by  whom  the  same  was  done,  or  suffered  to 
be  done,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion thereof,  shall  be  fined  in  any  sum  not  exceeding  five  hundred  dol 
lars,  or  imprisoned  not  exceeding  three  months,  or  both  ;  and,  should 
any  accident  happen  to  life  or  limb  by  reason  of  such  unlawful  arrange- 
ment of  cars,  he  shall  be  deemed  guilty  of  felony,  and  upon  conviction 
thereof,  shall  be  imprisoned  in  the  penitentiary  for  any  term  not  less 
than  one  nor  more  than  five  years. 

SEC.  7.    If  a  passenger  be  injured  while  on  the  platform  of  any  car, 


4  RAILROAD    LAWS    OF   NEW    MEXICO. 

or  while  in  any  mail,  express,  baggage  or  freight  car,  or  on  the  loco- 
motive, or  while  his  or  her  head,  limbs  or  body  is  projected  outside 
the  window  or  door  of  any  passenger  car,  in  violation  of  the  printed 
regulations  of  said  corporation  posted  up  at  the  time  in  a  conspicuous 
place  inside  of  the  passenger  cars  then  in  the  train,  or  in  violation  of 
any  verbal  instructions  given  by  any  officer  of  the  train,  such  passen- 
ger shall  be  deemed  guilty  of  contributory  negligence,  and  such  corpo- 
ration shall  not  be  liable  for  such  injury  ;  provided ^X\o.\  there  was,  at 
the  time,  inside  of  its  passenger  cars,  room  sufficient  for  the  accommo- 
dation of  such  passenger. 

SEC.  8.  Any  person  who  shall  in  the  day  or  night-time,  enter,  by 
force  or  otherwise,  any  car  of  any  corporation  formed  under  this  act, 
with  intent  to  steal  any  valuable  thing  then  and  there  being,  shall  be 
deemed  guilty  of  burglary,  and  upon  conviction  thereof  shall  be  pun- 
ished as  in  other  cases  of  burglary. 

SEC.  9.  Any  person  who  shall  place  any  obstruction  upon  any  rail- 
road track  of  any  corporation  formed  under  this  act,  or  displace  any 
switch,  or  break  or  remove  any  r.iil  or  tie,  or  spike,  or  other  thing,  or 
excavate  the  road-bed  or  otherwise  injure  or  weaken  the  same,  or  cut, 
or  in  any  other  manner  interfere  with  any  bridge,  or  trestle,  or  culvertr 
so  as  to  weaken  or  impair  the  same,  or  shall  do  any  other  act  with 
intent  to  throw  the  cars  of  such  corporation  off  the  track,  or  to  cause  a 
collision  between  such  cars  and  other  cars,  or  other  obstacles  or  things, 
shall  be  deemed  guilty  of  felony  ;  and  upon  conviction  thereof  shall  be 
punished  by  imprisonment  in  the  state  prison  for  a  term  not  less  than 
five,  nor  more  than  ten  years ;  and,  in  case  such  act  or  acts  shall  result 
in  injury  to  the  person  of  another,  or  shall,.cause  the  death  of  another,, 
such  person  shall  be  deemed  guilty  of  an  assault  with  intent  to  commit 
murder,  or  guilty  of  murder,  as  the  case  may  be,  and  upon  conviction 
thereof  shall  be  punished  as  in  other  cases  of  assault  with  intent  to  com- 
mit murder,  and  murder. 

SEC.  10.  It  shall  be  unlawful  for  any  person  or  persons  engaged  in 
mining  or  other  pursuits  to  tunnel,  drift  or  in  any  manner  excavate 
under  or  upon  any  land  belonging  to  any  corporation  formed  under 
this  act,  without  the  consent  of  such  corporation  ;  and  any  person  so 
offending  shall  be  deemed  guilty  of  a  misdemeanor  ;  and  on  conviction 
thereof  shall  forfeit  and  pay  to  such  corporation  treble  the  amount  of 
damages  sustained  by  reason  of  such  act  or  acts,  and  shall  be  fined  not 
exceeding  five  hundred  dollars,  or  imprisoned  in  the  county  jail  not 
exceeding  six  months,  or  shall  suffer,  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court.' 


RAILROAD    LAWS    OF    NEW    MEXICO.  49 

SEC.  ii.  Any  person  or  persons  who  shall  wilfully  do,  or  cause  to 
be  done,  any  act  or  acts  whatever,  whereby  any  building,  construction 
or  work  of  any  kind,  or  any  engine,  machine,  or  structure,  or  thing,  or 
road-bed,  or  track,  or  anything  appertaining  to  such  track,  or  any 
property  belonging  to  or  appertaining  to  any  raifroad  constructed 
under  this  act,  or  to  any  corporation  formed  under  this  act,  shall  be 
weakened,  injured,  impaired,  obstructed,  stopped  or  destroyed,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
fined  and  imprisoned  as  provided  in  the  last  preceding  section  of  this 
act,  and  shall  be  liable  to  such  corporation  for  treble  the  amount  of 
damages  which  it  shall  have  sustained  by  reason  of  such  act  or  acts. 

SEC.  12.  Every  conductor,  baggage-master,  engineer,  brakeman  or 
other  employe  of  any  corporation  formed  under  this  act,  employed  on 
any  passenger  train,  or  at  stations  for  passengers,  must  wear  upon  his 
hat  or  cap,  or  in  some  conspicuous  place  upon  the  breast  of  his  coat,  a 
badge  indicating  his  office  or  station,  and  the  initial  letters  of  the  name 
of  the  corporation  by  which  he  is  employed.  No  collector  or  con- 
ductor without  such  badge  shall  be  authorized  to  demand  or  to  receive 
from  any  passenger  any  fare,  toll  or  ticket,  or  exercise,  any  of  the 
powers  of  his  office  or  station  ;  and  no  other  officer  or  employe,  with- 
out such  badge,  shall  have  any  authority  to  meddle  or  interfere  with 
any  passenger  or  property. 

SEC.  13.  If  any  person  shall,  while  in  charge  of  a  locomotive  engine 
running  upon  any  railroad  of  any  corporation  formed  under  this  act, 
or  while  acting  as  conductor  of  a  car  or  train  of  cars  on  any  such  rail- 
road, be  intoxicated,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  in  any  sum  not  exceeding  one 
thousand  dollars,  or  imprisoned  in  the  county  jail  not  exceeding  six 
months. 

SEC.  14.  Every  corporation  formed  under  this  act  must  provide, 
and  on  being  tendered  the  fare  therefor,  furnish  to  every  person  desir- 
ing a  passage  on  its  cars  a  ticket  which  shall  entitle  the  purchaser  to  a 
continuous  ride  and  to  the  accommodations  provided  on  its  cars  from 
the  station  where  the  same  shall  be  purchased  to  any  other  station  on 
the  line  of  its  road  which  the  purchaser  may  designate.  The  station 
of  departure  and  the  station  of  destination  shall  be  designated  on  the 
face  of  the  ticket. 

SEC.  15.  Every  corporation  formed  under  this  act  must  provide 
forms  of  bills  of  lading  in  writing,  or  print  and  issue  any  reasonable 
number  thereof  to  every  consignor  of  freight  asking  therefor.  Said 
bills  of  lading  must  be  signed  by  the  agent  of  such  corporation  receiv- 


5O  RAILROAD    LAWS    OF    NEW    MEXICO. 

ing  such  freight,  and  must  describe  the  freight  so  as  to  identify  it  and 
state  the  name  of  the  consignor  and  the  terms  of  the  contract  for  car- 
riage. It  must  also  contain  an  agreement  or  promise  that  the  freight 
shall  be  delivered  at  the  place  of  destination  therein  designated  to  the 
order  or  assigns  of  a  particular  person  orcorporation  therein  desig- 
nated. 

SEG.  1 6.  Any  corporation  formed  under  this  act  shall  be  exonerated 
from  liability  for  freight  by  delivery  thereof  in  good  faith  to  any 
holder  of  a  bill  of  lading  therefor,  properly  endorsed  or  made  in  favor 
of  the  bearer. 

SEC.  17.  Whenever  any  corporation  has  issued  a  bill  of  lading  for 
freight,  or  other  instrument  substantially  equivalent  thereto,  it  may 
require  the  surrender  thereof,  or  a  reasonable  indemnity  against  claims 
thereon  before  delivering  the  freight  therein  mentioned. 

SEC.  1 8.  Every  corporation  formed  under  this  act  may  lawfully  de- 
mand the  payment  of  fares  and  freightages  in  advance  ;  and  if  they  be 
not  paid  in  advance,  such  corporation  shall  have  a  lien  upon  the  lug- 
gage of  the  passenger  for  his  fare,  and  upon  the  freight  for  freightage 
due  thereon,  and  may  retain  possession  of  such  luggage  and  freight 
until  such  fare  or  freightage  shall  have  been  paid.  If  such  fare  or 
freightage  be  not  paid  within  ten  days  after  the  same  is  due,  such  lug- 
gage or  freight  may  be  sold  by  such  corporation  in  the  same  manner 
and  with  the  same  consequences  as  are  provided  for  the  sale  of  un- 
claimed baggage,  in  section  three  of  this  chapter ;  provided,  that  if 
such  freight  be  perishable,  it  may  be  sold  forthwith  at  public  auction 
without  notice  to  the  owner. 

SEC  19.  Every  corporation  formed  under  this  act,  within  a  reasonable 
time  after  its  road  shall  have  been  finally  located,  must  cause  a  map  and 
profile  thereof,  and  of  the  land  acquired  and  taken  for  the  use  thereof, 
and  the  boundaries  of  the  several  counties  through  which  the  same 
may  run,  to  be  made  and  file  the  same  in  the  office  of  the  Secretary  of 
this  Territory ;  and  also  similar  maps  of  the  parts  thereof  located  in 
different  counties,  and  file  the  same  in  the  office  of  the  clerk  of  the 
county  in  which  such  parts  of  the  road  shall  be  situated,  there  to  rer 
main  of  record  forever.  In  case  the  line  of  the  road  be  changed  at  any 
time,  as  in  this  act  provided,  similar  maps  of  the  new  line  must  be 
made  and  filed  as  aforesaid.  Said  maps  and  profiles  must  be  certified 
by  the  chief  engineer  of  the  corporation,  and  copies  of  the  same,  so 
filed  and  certified,  must  be  kept  in  the  office  of  the  secretary  of  the 
corporation,  subject  to  examination,  by  all  persons  interested,  .  Copies 
of  such  maps  and  profiles,  certified  by  the  Secretary  of  this  Territory, 


RAILROAD    LAWS    OF    NEW    MEXICO.  51 

shall  be  received  as  prima  facie  evidence  of  what  they  contain,  in  all 
courts  and  places  within  this  territory. 

SEC.  20.  Where  the  railroad  of  any  corporation  formed  under  this 
act  passes  through  lands  held  in  private  ownership  it  shall  be  the  duty 
of  such  corporation  to  make  and  maintain  a  good  and  sufficient  fence 
upon  each  side  thereof.  In  case  it  does  not  make  and  maintain  such 
fence,  if  its  engine  or  cars  shall  kill  or  maim  any  cattle  or  other  domes- 
tic animals  belonging  to  the  owner  of  such  land,  it  shall  be  liable  to 
such  owner  for  the  fair  market  value  of  such  animal  or  animals,  unless 
the  killing  or  maiming  occurred  through  the  contributory  neglect  or 
fault  of  such  owner.  If  such  corporation  shall  pay  to  such  owner  an 
agreed  price  for  making  and  maintaining  such  fence  or  fences  or  pay 
the  cost  of  such  fence  or  fences  as  part  of  the  damages  allowed  for 
right  of  way  through  such  lands,  it  shall  be  relieved  and  exonerated 
from  all  claims  for  damages  arising  out  of  the  killing  or  maiming  of 
any  such  animals,  due,  in  whole  or  in  part,  to  the  failure  of  such  owner 
to  make  and  maintain  such  fences.  It  shall  not  be  required  of  such  cor- 
poration to  build  such  fences  until  the  owner  of  such  land  shall  have 
built  fences  abutting  on  its  road. 

SEC.  21.  Where  the  road  of  any  corporation  formed  under  this  act 
passes  through  lands  which,  at  the  time  of  its  construction,  were  public 
lands,  if  shall  not  he  the  duty  of  such  corporation  to  build  fences  upon 
either  side  thereof  until  after  such  lands  shall  have  come  into  private 
ownership  ;  in  which  case  one-half  of  such  fence  or  fences  shall  be 
built  and  maintained  by  such  corporation,  and  the  other  half  by  the 
owner  of  such  lands,  unless  the  latter  shall  agree  for  a  price  to  make 
and  maintain  the  whole.  In  all  other  respects,  the  rights,  duties  and 
liabilities  of  such  corporation  and  owner  shall  be  the  same,  respect- 
ively, as  specified  in  the  last  preceding  section. 

SEC.  22.  Every  corporation  formed  under  this  act  must  make  an 
annual  report  to  the  Secretary  of  this  Territory  of  the  operations  of  the 
year  ending  on  the  3ist  of  December,  which  report  shall  be  verified  by 
the  president  or  general  superintendent,  and  the  secretary  and  treasurer 
of  corporation.  Such  report  must  be  filed  in  the  office  of  the  Secre- 
tary of  this  Territory  on  or  before  the  first  day  of  March  next  ensuing, 
and  shall  state : 

i  st.  The  capital  stock,  and  the  amount  thereof  actually  paid  in. 

2d.  The  amount  paid  for  the  purchase  of  lands  for  the  construction 
of  the  road,  for  buildings,  engines  and  cars  respectively. 

3d.  The  amount  and  nature  of  the  indebtedness  of  the  corporation, 
and  the  amount  due  to  it. 


52  RAILROAD    LAWS    OF    NEW    MEXICO. 

4th.  The  amount  received  for  the  transportation  of  passengers,  prop- 
erty, mails,  express  matter,  respectively,  and  the  amount  received  from 
any  other  sources. 

5th.  The  amount  of  freight  transported,  specifying  the  quantity  in 
tons. 

6th.  The  amount  paid  for  the  repair  of  engines,  cars,  buildings  and 
other  expenses  in  gross,  showing  the  current  expenses  of  running  its 
road. 

yth.  The  number  and  amount  of  dividends,  and  when  paid. 

8th.  The  number  of  engine-houses  and  shops,  of  engines  and  cars, 
and  their  character. 

SEC.  23.  All  railroads  constructed  under  this  act  may  be  of  such 
gauge  as  the  board  of  directors  may  determine.  They  must  be  con- 
structed of  the  best  quality  of  iron  or  steel  rail,  known  as  "  T"  or  "  H  " 
rail,  or  other  pattern  of  equal  utility,  until  otherwise  permitted  by  law  ; 
provided,  the  provisions  of  this  section  shall  not  apply  to  railroad 
tracks  used  exclusively  for  carrying  freight,  or  for  mining  purposes. 

SEC.  24.  Every  corporation  formed  under  this  act  must  commence 
the  construction  of  its  road  within  two  years  after  the  date  of  the  filing 
of  its  articles  of  incorporation  in  the  office  of  the  Secretary  of  this  Ter- 
ritory, and  must  finish  and  put  the  same  in  full  operation  within  six 
years  thereafter,  or  its  right  to  further  complete  the  same,  in  the  dis- 
cretion of  the  legislative  assembly  of  this  Territory,  may  be  forfeited. 


[TITLE.]      Chapter  IX. 

GRANTS,    DONATIONS,    EXEMPTIONS,    DISSOLUTION. 

Section   i.  Right  of  way;  water. 

"  2.  Power  to  grant  use  of  streets,  etc.,  to  reach  depot. 

"  3.  Exemption  from  taxation. 

"  4.  May  dissolve  by  judgment  of  District  Court. 

u  5.  On  appeal. 

44  6.  Notice  on  dissolution. 

"  7.  Objections  may  be  filed. 

u  8.  Decree  of  dissolution. 

*'  9.  Judgment  roll. 

"       10.  Final  settlement. 


RAILROAD    LAWS   OF   NEW   MEXICO.  53 

SECTION  i.  There  is  hereby  granted  to  every  corporation  formed 
under  this  act  a  right  of  way  for  its  railroads  and  telegraphs  to  the 
width  of  one  hundred  feet  on  each  side  of  the  center  line  of  the  track 
over  and  through  any  of  the  swamp  or  overflowed  lands  or  other  lands, 
which  now  belong  to  this  Territory  or  may  hereafter  become  the  prop- 
erty of  this  Territory ;  and  in  cases  where  deep  excavations,  or  heavy 
embankments,  or  other  cuttings,  ditches,  drains,  canals,  culverts  or 
other  structures  to  protect  the  road-beds  and  to  facilitate  the  use  and 
enjoyment  of  the  same,  is,  or  may  be,  required  for  the  grade  or  other 
uses  of  said'  roads,  then,  at  such  places,  a  greater  width  of  such  lands 
may  be  taken  by  such  corporation,  and  the  same  is  hereby  further 
granted  to  such  corporation,  not  exceeding,  in  addition,  five  hundred 
feet  wide.  And  the  right  is  hereby  further  granted  to  such  corpora- 
tion to  locate,  occupy  and  hold  so  much  of  said  lands  as  may  be  neces- 
sary, for  sites  and  grounds  for  watering-places,  depots,  stations  or  other 
buildings  or  structures,  along  the  line  of  said  railroads  necessary  for  the 
accommodation  of  the  public,  the  operating  of  said  roads  and  the  trans- 
action of  the  business  of  such  corporation.  And  the  further  right  is 
hereby  granted  to  such  corporation  to  appropriate  to  its  use,  by  means 
of  pipes,  ditches,  aqueducts  or  other  conduits  so  much  of  the  waters  of 
any  springs  or  streams  on  said  lands  as  may  be  necessary  to  the  oper- 
ating of  the  roads  and  the  transaction  of  the  business  of  such  corpora^ 
tion,  together  with  the  right  of  way  over  said  lands  to  such  springs  or 
streams  for  such  pipes,  ditches,  aqueducts  or  other  conduits. 

SEC.  2.  Any  county,  city  or  town  in  this  Territory  is  hereby  em- 
powered, by  vote  of  its  governing  body,  to  give,  grant  or  donate  to  any 
corporation  formed  under  this  act  the  use  of  any  of  the  streets  or  high- 
ways which  may  be  necessary  or  convenient  to  enable  such  corporation 
to  reach  an  accessible  point  for  a  depot  or  station  in  such  county,  city 
or  town,  or  to  pass  through  the  same  on  as  direct  a  route  as  possible 
so  as  to  accommodate  the  traveling  and  commercial  interests  of  such 
county,  city  or  town. 

SEC.  3.  To  aid  and  encourage  the  construction  of  railroads  in  this 
Territory,  all  the  property  of  every  kind  and  description  of  every  cor- 
poration formed  under  this  act  shall  be  exempt  from  taxation  of  every 
kind  and  description  until  the  expiration  of  six  years  from  and  after  the 
completion  of  its  road  or  roads ;  and  the  maximum  charges  for  fares 
and  freightages,  as  fixed  by  this  act  shall  not  be  reduced  so  as  to  affect 
any  such  corporation  until  the  surplus  earnings  of  its  roads  and  tele- 
graphs shall  exceed  ten  per  cent,  upon  the  cost  of  the  construction  and 


54  RAILROAD    LAWS    OF    NEW    MEXICO. 

equipment  of  its  roads  and  telegraphs  including  the  cost  of  right  of 
way,  depots,  shops,  water  rights  and  stations. 

SEC.  4.  Any  corporation  formed  under  this  act  may  be  dissolved 
by  judgment  of  the  District  Court  for  the  county  in  which  its  princi- 
pal place  of  business  is  situated,  upon  its  voluntary  application  for  that 
purpose. 

SEC.  5.    The  application  mjflst  be  in  writing,  and  must  set  forth  : 

i st.  That  at  a  meeting  ©^stockholders  called  for  that  purpose,  the 
dissolution  of  the  corporation  was  resolved  upon  by  a  vote  represent- 
two-thirds  of  the  subscribed  capital  stock. 

2d.  That  all  claims  and  demands  against  the  corporation  have  been 
satisfied  and  discharged.  The  application  must  be  signed  by  the  presi- 
dent and  countersigned  by  the  secretary,  pursuant  to  an  order  of  the 
board  of  directors  entered  upon  the  journal  of  its  proceedings,  and  sealed 
with  the  corporate  seal.  It  must  also  be  verified  by  the  affidavits  of 
the  president,  secretary  and  treasurer. 

SEC.  6.  If  the  judge  be  satisfied  that  the  application  is  in  conformity 
with  the  provisions  of  the  next  preceding  section,  he  must  order  it  to 
be  filed  with  the  clerk  of  his  court,  and  that  such  clerk  give  not  less 
than  thirty,  nor  more  than  fifty  days'  notice  of  the  hearing  of  the  appli- 
cation, by  publication  in  some  newspaper  published  in  the  county,  or, 
if  there  be  no  such  paper,  then  by  posting  such  notice  in  three  of  the 
principal  public  places  of  the  county. 

SEC.  7.  At  any  time  before  the  day  appointed  for  hearing  the  appli- 
cation, any  person  may  file  objections,  in  writing,  verified  by  his  oath, 
to  the  dissolution  of  the  corporation. 

SEC.  8.  On  the  day  appointed  for  the  hearing,  or  on  any  other  day 
to  which  the  hearing,  for  any  cause,  may  have  been  adjourned,  the 
court  must  proceed  to  hear  and  determine  the  application  :  and  if  it 
shall  appear  to  the  satisfaction  of  the  court  that  all  the  statements  con- 
tained in  the  application  are  true,  it  must  make  a  decree  declaring  such 
corporation  dissolved. 

SEC.  9.  The  application,  notice  and  proof  of  publication  or  posting 
thereof,  objections  (if  any)  and  the  decree  of  the  court  shall  constitute 
the  judgment  roll.  An  appeal  from  the  judgment  may  be  taken  as  in 
other  cases. 

SEC.  10.  Upon  the  dissolution  of  the  corporation  the  then  directors 
thereof  shall  be  trustees  of  the  property  and  assets  thereof,  for  the 
benefit  of  creditors  and  stockholders,  and  shall  have  full  power  to  wind 
tip  and  settle  the  affairs  of  the  corporation  to  sell  and  convey  its  prop- 
erty, and  convert  the  same  into  money,  and  to  distribute  the  same 


RAILROAD    LAWS    OF    NEW    MEXICO.  55 

among  the  stockholders  in  proportion  to  the  amount  of  stock  held  by 
them,  and  to  that  end  may  use  the  name  of  the  corporation  in  all  actions 
and  suits,  if  any  such  be  necessary,  to  recover  and  reduce  to  possession 
the  property,  claims,  assets  and  demands  of  the  corporation. 
Approved  February  2d,  1878. 


CHAPTER  II . 

AN  ACT  explanatory  of  an  act  providing  for  the  incorporation  of  Rail- 
road Companies  in  this  Territory. 

CONTENTS. 

Section   I.  Defines  the  limitation  from  taxation. 

"         2.  Shall  be  construed  to  be  part  of  General  Incorporation  Act. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico : 

SECTION  i.  That  for  the  purposes  of  taxation  any  railroad  or  rail- 
roads constructed  under  the  provisions  of  an  act  entitled  uAn  act  to 
provide  for  the  incorporation  of  railroad  companies,  and  the  manage- 
ment of  the  affairs  thereof,  and  other  matters  relating  thereto,"  ap- 
proved February  2d,  1878,  shall  be  deemed  and  are  hereby  declared 
to  have  reached  completion,  whether  at  the  end  of  six  years  from  the 
time  of  the  commencement  of  the  construction  thereof,  the  points  to 
which  construction  has  progressed,  and  to  which  said  road  or  roads 
have  been  put  in  operation,  is  the  place  of  destination  of  said  road  or 
roads  as  named  in  the  articles  of  incorporation  of  the  company  building 
or  who  built  the  same,  or  some  point  intermediate  between  the  termini 
of  said  road  or  roads  as  named  in  said  articles  of  incorporation ;  and 
that  the  exemption  from  taxation  for  six  years  from  and  after  the  com 
pletion  of  said  road  or  roads,  provided  for  in  the  above-mentioned  act, 
shall  be  understood  and  intended  to  be  exemption  from  taxation  for 
six  years  from  and  after  the  completion  of  said  road  or  roads,  as  such 
completion  is  defined  and  expressed  in  this  act  and  not  otherwise. 


56  RAILROAD    LAWS    OF    NEW   MEXICO. 

And  it  is  hereby  expressly  provided  that  in  no  event  shall  any  line  of 
railway  or  part  of  a  line  railway,  or  any  part  or  portion  of  its  property  r 
real  or  personal,  privileges,  rights  or  franchises  be  exempt  from  taxa- 
tion for  a  longer  period  than  twelve  years,  from  and  after  the  date  of 
the  commencement  of  the  construction  of  such  railway  or  railways. 

SEC.  2.  This  act  shall  be  construed  to  go  along  with  and  as  a  part 
of  the  above-mentioned  act,  and  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  15,  1878. 


CHAPTER  III. 

AN  ACT  in  reference  to  certain  Incorporated  Companies,  in  the  Ter- 
ritory of  New  Mexico, 

CONTENTS. 

Section   I.    Powers,  privileges  and  exemptions  of  act  of  February  2dr 
1878 — conferred  upon  prior  corporations  for  railroad  pur- 
poses. 
"        2.  One-fourth  of  directors,  residents  of  Territory. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New- 
Mexico  : 

SECTION  i.  That  all  the  powers,  privileges  and  exemptions  con- 
ferred upon  corporations  organised  under  an  act  entitled  an  act  to  pro- 
vide for  the  incorporation  of  railroad  companies  and  the  management 
of  the  affairs  thereof  and  other  matters  relating  thereto,  approved  Feb- 
ruary 2d,  A.  D.  1878,  are  hereby  conferred  upon  all  corporations 
incorporated  under  the  laws  of  this  Territory,  for  the  purpose  of  con- 
structing railroads,  and  also  upon  all  corporations  organized  for  rail- 
road purposes  that  have  registered  in  the  office  of  the  Secretary  of  this 
Territory  the  original  or  a  certified  copy  or  their  articles  of  incorpora- 
tion, in  accordance  with  an  act  entitled  an  act  to  amend  an  act  entitled 
an  act  to  create  a  general  incorporation  law,  permitting  persons  to 


RAlLfcOAD    LAWS    OF   NEW    MEXICO.  57 

associate  themselves  together  as  bodies  corporate,  for  mining,  manu- 
facturing and  other  industrial  pursuits,  and  to  repeal  the  sixteenth  sec- 
tion of  said  act,  approved  January  3oth,  1868. 

SEC.  2.  That  at  least  one-fourth  of  the  directors  of  railroad  corpora- 
tions organized  under  the  laws  of  this  Territory  shall  be  residents  of 
this  Territory. 

SEC.  3.  This  act  shall  be  in  full  force  and  effect  from  and  after  its 
passage  and  approval. 

Approved  February  12,  1878. 


CHAPTER  III. 
[AN  ACT  to  amend  the  General  Incorporation  Law. 

CONTENTS. 

Section  i.  Foreign  corporations  admitted  upon  equal  terms  with  local 

corporations.     Conditions.     Local  creditors  preferred  as 

against  foreign  mortgagees. 
"        2.  Failure  to  comply  with  provisions  of  section  one  renders  all 

officers  personally  liable  for  indebtedness. 
"        3.  Certificates,  etc.,  filed  with  the  Secretary  of  the  Territory. 

Fees.     Copies  certified,  evidence. 
"        4.  Suits  may  be  instituted. 

u         5.  Certified  copies  prim  a  facie  evidence  of  facts  stated. 
"        6.  Commencement  of  suits.     Process,  how  and  where  served. 
"        7.  Record  of  stockholders  shall  be  kept,  except  as  to  railroad 

and  telegraph  corporations.     Penalty. 
"         8.  Dissolution,  not  to  impair  liabilities. 
"         9.  Corporations   may  be  organized   to   acquire   and   develop 

mineral  springs,  town  sites  and  lands. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New- 
Mexico  : 

SECTION  i.    Every  company  or  corporation  incorporated  under  the 


58  RAILROAD    LAWS    OF    NEW    MEXICO. 

laws  of  any  foreign  State  or  kingdom,  or  of  any  State  or  Territory  of  the 
United  States,  beyond  the  limits  of  this  Territory,  and  now  or  hereafter 
doing  business  in  this  Territory,  shall  file  in  the  office  of  the  Secretary 
of  this  Territory  and  in  the  office  of  the  Recorder  of  Deeds  of  the  county 
in  which  the  principal  place  of  business  of  such  corporation  shall  be,  a 
copy  of  its  charter  of  incorporation,  or  in  case  such  company  is  incor- 
porated under  any  general  incorporation  law,  a  copy  of  its  articles  of 
incorporation  and  of  such  general  incorporation  law,  all  duly  certified 
and  authenticated  by  the  proper  authority  of  such  foreign  State,  king- 
dom or  Territory.  Such  company  shall,  also,  betore  it  is  authorized 
or  permitted  to  do  business  in  this  Territory,  make  and  file  with  the 
Secretary  of  the  Territory  and  in  the  office  of  the  Recorder  of  Deeds 
of  the  county  in  which  its  principal  place  of  business  shall  be,  a  certifi- 
cate signed  by  the  president  and  secretary  of  such  company  duly  ac- 
knowledged, designating  the  principal  place  where  the  business  of  such 
company  shall  be  carried  on  in  this  Territory,  and  an  authorized  agent 
or  agents  residing  at  such  principnl  place  of  business  upon  whom  pro- 
cess may  be  served,  and  such  corporations  shall  have  the  same  powers 
and  shall  be  subject  to  all  the  liabilities  and  duties  as  corporations  of  a 
like  character  organized  under  the  general  laws  of  this  Territory.  But 
they  shall  have  no  other  or  greater  powers,  and  no  foreign  or  domestic 
corporation  established  or  maintained  in  any  way  for  pecuniary  profit 
of  its  stockholders  or  members,  shall  purchase  or  hold  real  estate  in 
this  Territory  except  as  provided  for  in  this  act  and  the  laws  of  the 
Territory  now  existing,  and  no  corporation  doing  business  in  this  Ter- 
ritory, incorporated  under  the  laws  of  any  other  State,  shall  be  per- 
mitted to  mortgage,  pledge  or  otherwise  encumber  its  real  or  personal 
property,  situated  in  this  Territory,  to  the  injury  or  exclusion  of  any 
citizen,  citizens  or  corporations  of  this  Territory  who  are  creditors  of 
such  foriegn  corporation,  and  no  mortgage  by  any  foreign  corporation, 
except  railroad  and  telegraph  companies,  given  to  secure  any  debt 
created  in  any  other  State,  shall  take  effect  as  against  any  citizen  or 
corporation  of  this  Territory  until  all  its  liabilities  due  to  any  person 
or  corporation  in  this  Territory  at  the  time  of  recording  such  mortgage 
have  been  paid  and  extinguished. 

SEC.  2.  A  failure  to  comply  with  the  provisions  of  the  foregoing 
section  shall  render  each  and  every  officer,  agent  and  stockholder  of 
any  such  corporation  so  failing,  jointly,  severally  and  personally  liable 
on  any  and  all  contracts  of  such  company  made  within  this  Territory 
during  the  time  that  such  company  is  so  in  default. 

SEC.  3.    The  several  certificates,  charters  and  statutes  mentioned  in 


RAILROAD    LAWS    OF    NEW    MEXICO.  59 

section  one  of  this  act  shall  be  by  the  Secretary  of  the  Territory,  filed 
and  preserved  in  his  office,  and  he  shall  be  entitled  therefor  to  the  same 
fees  as  are  allowed  him  by  law  for  filing  articles  of  incorporation. 
Copies  of  such  charters,  statutes  and  certificates,  duly  certified  by  the 
Secretary  of  the  Territory  under  his  seal  of  office,  shall  be  competent 
evidence  in  all  courts  of  this  Territory  of  the  corporate  character  of 
such  companies  and  of  their  powers,  duties  and  liabilities,  and  the 
originals  thereof  may  be  used  in  like  manner,  be  used  in  evidence  of 
these  matters  with  like  effect. 

SEC.  4.  Suits  may  be  instituted  and  prosecuted  by  and  against  any 
corporation  formed  or  recognized  (organized)  under  this  act  in  the  same 
manner  and  in  like  cases  as  natural  persons. 

SEC.  5.  The  certified  copy  of  any  articles  of  incorporation  and 
changes  thereof,  together  with  all  endorsements  therein  (thereon,) 
under  the  great  seal  of  the  Territory  of  New  Mexico,  shall  be  taken 
and  received  in  all  courts  and  places  as  prima  facie  evidence  of  the 
facts  therein  stated. 

SEC.  6.  In  suits  against  any  corporation  summons  shall  be  served 
in  that  county  where  the  principal  office  of  the  corporation  is  kept  or 
its  principal  business  carried  on,  by  delivering  a  copy  to  the  president 
thereof,  it  he  may  be  found  in  said  county,  but  if  he  is  absent  there- 
from, then  the  summons  shall  be  served  in  like  manner  in  [the]  county 
on  either  the  vice-president,  secretary,  treasurer,  cashier,  general  agent, 
general  superintendent  or  stockholder,  or  any  agent  of  said  corpora- 
tion, within  such  time  and  under  such  rules  as  are  provided  by  law  for 
the  service  of  such  process  in  suits  against  real  persons,  and  if  no  such 
person  can  be  found  in  the  county  where  the  principal  office  of  the  cor- 
poration is  kept,  or  in  the  county  where  its  principal  business  is  carried 
on,  to  serve  such  process  upon,  a  summons  may  issue  from  either  one 
of  such  counties,  directed  to  the  sheriff  of  any  county  in  this  Territory 
where  any  such  person  may  be  found  and  served  with  process.  If 
such  corporation  keeps  no  principal  office  in  any  county,  and  there  is 
no  county  in  which  the  principal  business  of  such  corporation  is  car- 
ried on,  then  suit  may  be  brought  against  it  in  any  county  where  the 
above-mentioned  officers,  or  any  or  either  of  them  may  be  found  ;  pro- 
vided, that  the  plaintiff  may,  in  all  cases,  bring  his  action  in  the  county 
where  the  cause  of  action  accrued. 

SEC.  7.  It  shall  be  the  duty  of  the  directors  or  trustees  of  every  such 
corporation,  except  railroad  or  telegraph  corporations,  to  cause  a  book 
to  be  kept  by  the  secretary  or  clerk  thereof  containing  the  names  o£  all 
persons,  alphabetically  arranged,  who  are  or  shall,  within  one  year, 


60  RAILROAD    LAWS    OF    NEW    MEXICO. 

have  been  stockholders  of  such  corporation,  and  showing  their  places 
of  residence,  the  number  of  shares  of  stock  held  by  them  respectively, 
and  the  time  when  they  respectively  became  the  owners  of  such  shares, 
and  the  time  when  they  ceased  to  be  such  stockholders,  and  the  amount 
of  stock  actually  paid  in,  and  what  proportion  has  been  paid  in  cash  ; 
which  book  shall,  during  the  usual  business  hours  of  the  day  be  open 
for  the  inspection  of  the  stockholders  and  creditors  of  the  company  and 
their  personal  representatives,  at  the  office  or  principal  place  of  busi- 
ness of  such  company  in  the  county  where  its  business  operations  shall 
be  located ;  and  any  and  every  such  stockholders,  creditors  or  repre- 
sentative shall  have  a  right  to  make  extracts  from  such  books,  and  no 
transfer  of  stock  shall  be  valid  for  any  purpose  whatever,  except  to. 
render  the  person  to  whom  it  shall  be  transferred  liable  for  the  debts 
of  the  company,  according  to  the  provisions  of  this  act.  unless  it  shall 
have  [been]  entered  therein  as  required  by  this  section,  within  sixty 
days  from  the  date  of  such  transfer,  by  an  entry  showing  to  and  from 
whom  transferred.  Such  books  shall  be  presumptive  evidence  of  the 
facts  therein  stated  in  any  suit  or  proceedings  of  such  corporation,  or 
against  any  one  or  more  stockholders.  Every  officer  or  agent  of  any 
such  company  who  shall  neglect  to  make  any  proper  entry  in  such 
book,  or  shall  refuse  or  neglect  to  exhibit  the  same  or  allow  the  same 
to  be  inspected  and  extracts  taken  therefrom,  shall  be,  as  provided  by 
this  section,  deemed  guilty  of  a  misdemeanor,  and  the  corporation 
shall  forfeit  and  pay  to  the  party  injured  a  penalty  of  fifty  dollars  for 
every  such  neglect  or  refusal  and  all  the  damages  resulting  there- 
from. 

SEC.  8.  The  dissolution  for  any  cause  whatever  of  corporations 
created  as  aforesaid,  shall  not  take  away  or  impair  any  remedy  given 
against  such  corporations,  its  stockholders  or  officers  for  any  liabilities 
incurred  previous  to  its  dissolution. 

SEC.  9.  Corporations  may  be  formed  and  may  do  business  in  this 
Territory  under  the  laws  of  the  Territory  now  existing,  and  subject  to 
the  provisions  of  this  act,  to  acquire,  hold,  improve,  develop  and 
manage  any  hot,  mineral  or  other  sanitary  spring,  or  to  lay  ofF  land 
into  town  sites,  blocks,  lots,  streets,  alleys,  avenues,  commons  and 
parks,  and  to  acquire,  hold,  colonize,  improve  and  sell  lands  in  con- 
nection with  any  or  all  of  said  objects. 

SEC.  10.  This  act  shall  be  in  force  from  and  after  its  passage,  and 
all  laws  in  conflict  herewith  are  repealed. 

Approved  February  12,  1880. 


RAILROAD    LAWS    OF    NEW    MEXICO.  6l 

CHAPTER  IV. 

AN  ACT  in  Relation  to  Railroad  Corporations. 
CONTENTS. 

Section  i.  Must  elect,  under  which  law,  proceedings  in  condemnation 
of  property  shall  be  had. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  J\few 
Mexico : 

SECTION  i.  That  in  all  proceedings  for  the  condemnation  of  lands, 
timber,  stone,  gravel,  water  or  other  materials  for  the  uses  and  purposes  of 
any  railroad  corporations,  organized  and  existing  under  the  laws  of  this 
Territory,  such  railroad  corporation  shall  be  and  hereby  is  required  to 
elect  under  which  of  the  several  acts  now  in  force  it  desires  to  effect 
such  condemnation,  which  election  shall  be  set  out  in  the  application 
for  condemnation,  and  when  such  election  is  made  proceedings  shall 
be  had  under  and  according  to  the  provisions  of  the  act  such  corpora- 
tion may  elect  to  proceed  under. 

SEC.  2.  That  all  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed,  and  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  13,  1880. 


